Baskaran v. State of Tamil Nadu, rep. by the Superintendent of Police, Cuddalore District
2017-09-04
A.SELVAM, P.KALAIYARASAN
body2017
DigiLaw.ai
ORDER : A.SELVAM, J. This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the respondents 1 to 3 to trace out and produce the detenue, by name, B.Subha, aged 17 years, daughter of the petitioner. 2. The petitioner is present and he has been identified by his counsel. 3. The second respondent, viz., the Inspector of Police, R3 Ashok Nagar Police Station, has produced the detenue and she has been identified by the petitioner/her father. 4. It is seen from the records that the detenue has got birth on 14.07.2000. For the purpose of proving the date of birth, on the side of the petitioner, Birth Certificate of the detenue is filed. 5. The detenue herself has contended to the effect that both in the Transfer Certificate and Aaadar Card, it is mentioned that she has attained majority. 6. Considering the fact that on the side of the petitioner, Birth Certificate of the detenue has been produced, this Court is not having any other option except to accept the particulars mentioned in the Birth Certificate. 7. The detenue has stated that she is not willing to go with the petitioner/her father. 8. Considering the aforesaid factual circumstances, the second respondent is directed to house the detenue as stated infra: In fine, the second respondent is directed to house the detenue in the Home, viz., 'Government Koornokku Illam', Kelly's Home, Purasaiwakkam, Chennai-10, till she attains majority. If there is any change in the mind of the detenue, liberty is given to file a petition. 9. With the above observation, this habeas corpus petition is disposed of.