N.Surendran v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2016 Coram:
THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.1922 of 2015 N.Surendran .. Petitioner vs.
1.State represented by The Superintendent of Police Ariyalur Ariyalur District.
2.The Deputy Superintendent of Police Jayankondan Ariyalur District.
3.The Inspector of Police Kayalarpath Police Station Kayalarpath Ariyalur District.
4.The Inspector of Police Town Police Station Ariyalur, Ariyalur District.
5.The Inspector of Police Jayankondam Police Station Jayankondam.
.. Respondents Habeas Corpus Petition has been filed under Article 226 of the Constitution of India for a Writ of Habeas Corpus, directing the 5th respondent to produce the body of the petitioner's minor daughter, namely, Nandhini Devi, before this Court, and to set her at liberty.
For petitioner :Mr.P.Murali For respondents :Mr.V.M.R.Rajentran, Additional Public Prosecutor
O R D E R
(Order of the Court was made by M.JAICHANDREN,J) This Habeas Corpus Petition has been filed before this Court, by the father of the detenue, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to direct the 5th respondent to produce the minor daughter of the petitioner, namely, Nandhini Devi, before this Court, and to set her at liberty.
2. The petitioner has stated that the detenue is the elder daughter of the petitioner. She was studying in Xth standard, in the Government School at Vilangudi Government School. On 10.12.2014, she did not return home after the school hours. Therefore, the wife of the petitioner had lodged a complaint before the 3rd respondent, on 11.10.2014, suspecting that the minor girl had been kidnapped. The said complaint had been registered, in Crime No.118 of 2014, for the offence under Section 366(A) I.P.C.
3. Today, when the matter was listed for hearing, the detenue has been produced before this Court, by the 5th respondent/Inspector of Police, Jayankondan. On enquiry, the detenue, who is in the family way, had expressed her willingness to go along with one Selvi, W/o.Sampath, residing at Keela Street, Iyyan Athur, Ariyalur District, who is said to be her mother-in-law, and a close relation of the detenue.
4. Taking into consideration, the physical condition of the detenue, namely, Nandhini Devi, who is in an advanced stage of pregnancy, and as it is noted from the School Certificate produced before this Court, that the detenue would be attaining majority, on 26.03.2016, she is permitted to go along with Selvi, who is said to be her mother-in-law.
5. In such view of the matter, we do not find any reason to pass any further orders in the present Habeas Corpus Petition. Hence, the Habeas Corpus Petition stands closed. Sd/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar paa
Note: The registry is directed to tag the Birth Certificate of Nandhini Devi, dated 02.03.2015, issued by the Sub-Registrar, Vikiramangalam, under the orders of the learned District Judge (Retired), Ariyalur, in Cr.M.P.
No.293/2015, dated 21.02.2015 and the School Certificate of Nandhini Devi, dated 19.11.2014, along with the Habeas Corpus Petition cases pending before the Division Bench of the Hon'ble Mr.Justice S.Nagamuthu & The Hon'ble Mr.Justice P.N.Prakash.
To 1.The Superintendent of Police Ariyalur, Ariyalur District.
2.The Deputy Superintendent of Police Jayankondan Ariyalur District.
3.The Inspector of Police Kayalarpath Police Station Kayalarpath, Ariyalur District.
4.The Inspector of Police Town Police Station Ariyalur, Ariyalur District.
5.The Inspector of Police Jayankondam Police Station Jayankondam.
6.The Additional Public Prosecutor High Court, Madras.
7.The Section Officer Criminal Section High Court, Madras.
8.The Posting Clerk, Criminal Section, High Court, Madras.
+1 cc to M/s.P.Murali, Advocate, sr.17096 H.C.P.No. 1922 of 2015 ala co kra 05.04.2016