← Library
Madras High CourtHCP/1120/2017closed

Sumathi, F/A 40 Years, v. The Superintendent Of Police,

2018-01-22Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1120 of 2017 Sumathi ... Petitioner -Vs1. The Superintendent of Police, Thiruvannamalai District.

2. The Inspector of Police Vaanaapuram Police Station, Thiruvannamalai District.

Crime No.179 of 2017.

3. Rajadhurai S/o.Manimaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, direction in the nature of writ calling for the records in Crime No.179/2017 dated 22/05/2017 on the file of the 2nd Respondent and direct the Respondents herein to produce the petitioner's Elder Daughter named ISHWARYA, F/A 16 years, and hand over her to the petitioner before this Court and set at liberty. For Petitioner :

Mr.S.Silambu Selvan For Respondents:

Mr.V.M.R.Rajentran Additional Public Prosecutor For RR1 & 2 R3No Appearance *** https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by C.T.SELVAM, J.] Petitioner, who is the mother of the detenue, seeks a writ of Habeas Corpus towards production of her elder daughter viz., ISHWARYA, aged 16 years.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents 1 and 2.

3. The detenue, daughter of the petitioner, aged 17 years has been secured and produced by the second respondent. She has informed of having left the parental home on her own volition with the third respondent, who was in love with her for seven months. She informs her intention to return to the parental home.

4. Learned Additional Public Prosecutor submitted that a case under POCSO Act stands registered against the third respondent and he has been remanded to custody.

5. The petitioner has expressed the desire to take her daughter Ishwarya, the detenue under her care.

6. Recording the above position, the Habeas Corpus Petition shall stand closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar KMI To

1. The Superintendent of Police, Thiruvannamalai District.

2. The Inspector of Police Vaanaapuram Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.SILAMBUSELVAM, Advocate, S.R.No. 4654 H.C.P.No.1120 of 2017 NRI(CO) TR(20/02/2018) https://hcservices.ecourts.gov.in/hcservices/