LAWS(MAD)-2006-7-273

S RADHAKRISHNAN Vs. STATE OF TAMIL NADU

Decided On July 12, 2006
S.RADHAKRISHNAN Appellant
V/S
STATE, REP. BY THE INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) THE petitioner, by name S. Radhakrishnan filed this petition seeking direction to the respondents for production of the detenus viz. , Muthulaxmi, his wife, Sivamanikandan and Seshakumar, his minor children, before this Court and set them free.

(2.) PURSUANT to our direction, all the three detenus appeared before us. We enquired Muthulaxmi. According to her, though she married the petitioner and the two children were born to them, due to family circumstances, she is not willing to live with the petitioner. Inspite of our spersuasion, she expressed that she is not willing to go with the petitioner. She also informed us that both the children are under her custody and they are going to school at Karaikudi.

(3.) IN the light of the assertion of the detenu Muthulaxmi and considering the tender age of the two children, we are not inclined to accede the request of the petitioner. In so far as the custody of the minor children, the petitioner is free to approach the appropriate Court, if he so desires. With the above observation, this petition is closed.