R.Simratha v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1792 of 2015 R.Simratha ... Petitioner -Vs1. The Superintendent of Police, District Police Office, Kancheepuram, Kancheepuram District.

2. The Inspector Taluk Police Station, Kancheepuram, Kancheepuram District.

3. The District Social Welfare Officer, Office of Social Welfare, No.43, IInd Street, Gandhi Nagar, Kancheepuram.

4. The Chairman, Child Welfare Committee.

Government Special Home for Boys, Chengalpattu.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the respondents to produce the unnamed tender child born on 09.07.2015 to the petitioner at Vedhapalayam Village, Uthiramerur Taluk, Kancheepuram District and in the custody of the third and 4th respondents forthwith and give custody of the child to the petitioner. For Petitioner :

Mr.V.Manohar For Respondent :

Mr.A.N.Thambi Durai Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.TAMILVANAN,J.) This petition has been filed by the petitioner/mother of the detenue/unnamed female baby born on 09.07.2015, to cause production of her daughter, before this Court and to set her at liberty. 2.On enquiry, the petitioner submits that the child born through her husband Rajesh, who is also present before this Court. 3.Learned Additional Public Prosecutor submits that DNA Test confirmed that the petitioner is the mother of the child/detenue. The child, one week baby, was found and taken proper care by the respondents, especially the police officials and the fourth respondent/the Chairman, Child Welfare Committee. We appreciate the services rendered by them and also the Authorities of the Government Hospital, Kancheepuram for follow up service rendered by them. 4.

Having established that the petitioner is the mother of the unnamed child, we find it just and reasonable to handover the child to the petitioner, being mother of the child. 5.In view of the above, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(L.

1. The Superintendent of Police, District Police Office, Kancheepuram, Kancheepuram District.

2. The Inspector Taluk Police Station, Kancheepuram, Kancheepuram District.

3. The District Social Welfare Officer, Office of Social Welfare, No.43, IInd Street, Gandhi Nagar, Kancheepuram.

4. The Chairman, Child Welfare Committee.

Government Special Home for Boys, Chengalpattu.

5. The Public Prosecutor, High Court of Madras, Chennai.

H.C.P. No.1792 of 2015 NM(CO) CA(15/10/2015)