Vasanthi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.05.2015

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY AND THE HONOURABLE MR. JUSTICE R.MAHADEVAN HCP.No.1186 of 2015 Vasanthi ... Petitioner vs.

1. The Superintendent of Police, Ariyalur District Ariyalur.

2. The Inspector of Police, Andimadam Police Station, Ariyalur District.

3. Santhosh

4. Rajesh ... Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus directing the respondents to produce the petitioner's daughter Malini Aged 16 years before this Honble Court and set her at liberty. For Petitioner :

Mr.T.Muruganantham For Respondents :

Mr.M.Maharaja, Addl. Public Prosecutor for R1 & R2

ORDER

[Order of the Court was made by M.DURAISWAMY J.,] The petitioner, who is the mother of the detenue, viz., Malini, aged about 17 years, has filed the above petition seeking for the custody of the minor detenue.

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3. In the affidavit filed in support of the petition, the petitioner has stated that the respondents 3 and 4 have kidnapped her minor daughter.

4. This court ordered notice to the respondents on 6.5.2015 and when the matter is listed today, the 2nd respondent, produced the minor detenue Malini before this court.

5. We enquired the minor detenue Miss. Malini and she has stated that her date of birth is 29.6.1998 and that she wants to go along with her mother, the petitioner herein.

6. Mr.M.Maharaja, learned Additional Public Prosecutor, appearing for the respondents 1 and 2, submitted that the 2nd respondent has already registered a case in Crime No.110 of 2015 under section 266(A) altered to 366(A) IPC & 3(a) r/w 4 POCSO Act. Further, the Additional Public Prosecutor submitted that the detenue was produced before the Fast Track Court, Ariyalur on 12.5.2015 and recorded her statement.

7. Since the detenue, who is the minor, wants to go along with her mother, the custody of the minor detenue is handed over to the petitioner's mother viz., Vasanthi.

8. In the light of the above, the Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar(ADM II)/ Vacation Officer //True Copy// Rj/Ga Sub Assistant Registrar To

1. The Superintendent of Police, Ariyalur District, Ariyalur.

2. The Inspector of Police, Andimadam Police Station, Ariyalur District.

3. The Public Prosecutor High Court, Madras.

HCP.No.1186 of 2015 MG(CO) CA(28/05/2015) https://hcservices.ecourts.gov.in/hcservices/