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2014 DIGILAW 3064 (MAD)

A. Kajamaideen v. Superintendent of Police, Dindigul

2014-09-03

S.MANIKUMAR, V.S.RAVI

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Judgment : S. Manikumar, J. 1. On 26.08.2014, we directed the learned Judicial Magistrate No.III, Dindigul, to determine the age of the alleged detenue, for the reasons recorded therein. Pursuant to our directions, the learned Judicial Magistrate No.III, Dindigul, (Full Additional Charge), has conducted detailed enquiry and vide letter D.No.2066/14, dated 02.09.2014, submitted a report to the Registrar (Administration), Madurai Bench of Madras High Court and that the same is placed before us. As per the report, alleged detenue Yasmin Begum is a minor as on 17.06.2014. The learned counsel marked all the documents. 2. The report is also brought to the notice of the learned counsel appearing for both parties. There is no objection on the side of the respondent No.3 regarding the report of the learned Judicial Magistrate No.III (Full Additional Charge), Dindigul, and determination of the age. 3. We enquired Yasmin Begum. She submitted that she would go along with her parents who are present. A.Kajamaideen and mother of the detenue submitted that they would take care and provide all basic needs. It is also their submission that they would not cause any psychological stress. During enquiry, the petitioner and the alleged detenue submitted that close relatives are also residing in the same village. As the alleged detenue with her full capacity to determine and express her desires to go with her parents, we only state that the alleged detenue may be permitted to stay in her close relatives house for some time. However, we make it clear that custody would be with her parents. 4. With the above directions, Writ of Habeas Corpus is dismissed.