C.Radhika v. The State Of Tamil Nadu

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.1236 of 2015 C.Radhika ... Petitioner/Mother of the Detenue vs.

1. The State of Tamil Nadu, Rep. By its Secretary, Department of Home Affairs, Fort St. George, Chennai - 600 009.

2. The Superintendent of Police, Villupuram District.

3. The Inspector of Police, H5, Edaikkal Police Station, Ulundurpettai Taluk, Villupuram District.

4. Natarajan

5. Vijaya

6. Kumar

7. Harikrishnan

8. Keerthi ... 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 petitioner's minor daughter Miss. C.Pandiyavarthini, aged about 17 years, before this Hon'ble Court, who is illegally detained by respondents 4 to 8, enquire and set her at liberty in the custody of petitioner.

For Petitioner :

Mr.R.Veeramani For Respondents :

Mr.M.Maharaja, Addl. Public Prosecutor

ORDER

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

2. According to the petitioner, the respondents 4 to 8 abducted the detenue. The matter was listed for hearing on 13.5.2015 and on notice, the 3rd respondent produced the detenue before this court today.

3. We enquired the minor detenue Miss. C.Pandiyavarthini and on enquiry she revealed that the 4th respondent is her lover and the respondents 5 and 6 are his parents. According to her, respondents 7 and 8 are the friends of the 4th respondent. The detenue Miss. C.Pandiyavarthini informed that she would like to go with her mother C.Radhika for the present.

4. The statement made by the detenue is recorded and the custody of the minor detenue is handed over to the petitioner's mother C.Radhika.

5. Mr.M.Maharaja, learned Additional Public Prosecutor, appearing for the respondents 1 to 3, submitted that the respondents 2 and 3 would take proper legal action as against the respondents 4 to 8 for the criminal offence committed by them.

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

Sd/- Assistant Registrar(Adm II)/ Vacation Officer //True Copy// Sub Assistant Registrar

Rj/Ga To

1. The Secretary, Department of Home Affairs, Fort St. George, Chennai - 600 009.

2. The Superintendent of Police, Villupuram District.

3. The Inspector of Police, H5, Edaikkal Police Station, Ulundurpettai Taluk, Villupuram District.

4. The Public Prosecutor High Court, Madras.

HCP.No.1236 of 2015 SR(CO) CA(27/05/2015)