BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Criminal Original Jurisdiction

Wednesday, the Twenty First day of June Two Thousand and Twenty

Three

PRESENT

The Hon`ble Mr.Justice R.SURESH KUMAR

AND

The Hon`ble Mr.Justice K.K. RAMAKRISHNAN

HCP(MD). No.809 of 2019

V. Rajan Selvin

... Petitioner/Maternal Uncle

Vs

1 The Commissioner of Police

O/o. the Commissioner of Police

Palayamkottai,Tirunelveli City.

2 The Inspector of Police,

O/o. the Inspector of Police,

Perumalpura Police Station,

Tirunelveli City.

... Respondents/Respondents

Prayer :-

This Hebeas Horpus Petition is filed under Artcle 227 of the

constitution of India, to issue a Writ of Habeas Corpus, or any

other writ or order or direction in the nature of Writ of Habeas

Corpus directing the Respondents No. 1 and 2 to produce the body

or person of detenue, the petitioners sisters minor son namely

Aswinsamraj.

ORDER:-

This Petition coming on for orders on this day and upon

perusing the petition and the affidavit filed in support thereof and

upon hearing the arguments of MR.M.Maharajan, Advocate for the

Petitioner and of Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

for the Respondents and Mr.veera Kathiravan, Senior Counsel(Court

appointed Guardian, , this Court made the following order:

(Order of the Court was made by R.SURESH KUMAR,J.)

Pursuant to our last order dated 12.06.2023, today, Mr.Veera

Kathiravan, learned Senior counsel and Court appointed guardian, has

filed a compliance report by way of communication dated 16.06.2023,

under which, he has sent a letter to the Registrar of this Bench

stating that as per the directions of this Court, dated 12.06.2023,

12 documents related to the properties of Aswin Sam Jone.S, have

been handed over to him in the presence of Mr.G.Kumaravel. Joint

Registrar (Administration), Madurai Bench of Madras High Court,

Madurai. That has also been acknowledged by Aswin Sam Jone.S, on

21.06.2023, which has been endorsed by the Registrar

(Administration) of this Bench.

2.The Court appointed guardian would further submit that apart

from these 12 documents three parent documents are also available,

which are being handed over to the said boy in the course of the

1/3

https://www.mhc.tn.gov.in/judis

day. That statement made by him is taken on record. The said boy

namely, Aswin Sam Jone.S, who also appeared before this Court has

made a request that a sum of Rs.2,75,000/- has been deposited in

fixed deposit in Indian Overseas Bank, Junction Branch, which would

be matured on 01.08.2024.

3.However, he would submit that since the residential building,

where he is residing are required to be undertaken repair works

urgently, for the said reasons and to pay some tax dues payable to

the local bodies and water connection given to the said house, he

needs some money to the extent of 1.50 lakhs. Therefore, he wants

permission to withdraw the said amount from and out of Rs.2.75 lakhs

deposited in the afore-stated fixed deposit. The said plea made by

Aswin Sam Jone.S. is taken on record.

4.In view of the same, by recording the compliance made by the

Court appointed guardian by handing over the original documents to

him, which has been acknowledged and vouched by the said Aswin Sam

Jone.S. as well as the Joint Registrar (Administration) and

Registrar (Administration) of this Court, that compliance also is

taken on record.

5.In view of the afore-stated, we permit the said Aswin Sam

Jone.S to withdraw a sum of Rs.1,50,000/- (Rupees one lakh fifty

thousand only) from the fixed deposit mentioned hereinabove dated

05.08.2022

opened

on

01.08.2022

in

deposit

receipt

No.2017/NDRV0240221 for the said expenses. With regard to the

further amount, it can be permitted to mature as per the conditions

of the bank and thereafter, it is open to the said Aswin Sam Jone.S

to utilise the fund for his welfare.

6.It is also brought to our not