Sankar v. The Superintendent Of Police

In the High Court of Judicature at Madras Dated: 11.01.2016 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.2801 of 2015 Sankar .... Petitioner Vs.

1. The Superintendent of Police (North), Pondicherry State.

2. The Inspector of Police, Odiyan Salai Police Station, Pondicherry.

3. R.Madhivanan

4. Vinayaga Moorthy .... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus to direct the respondents to produce the petitioner's daughter namely, Sathya aged about 30 years and her children Nisanth 7 years old and Srisanth 3 years old before this Court and set them at liberty. For Petitioner : Mr.T.Muruganantham For Respondents: Mr.A.Balamurugan Addl. Public Prosecutors(Pondy) - R1 & R2

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition is filed by the father of the detenue Sathya seeking direction to respondents to produce the detenus, viz., Sathya, Nisanth and Srisanth before this Court and set them at liberty.

2. When the matter was called, learned Additional Public Prosecutor has filed a status report dated 08.01.2016, wherein it is stated as follows:

"7) The traced woman Sathya age 27 W/o Mathivanan along with traced out male children namely Nishanthan age 8 yrs, and Srishanth age 3 1/2 yrs with their respective statements escorted by WPC 1934 of Odiansalai Police station were forwarded for necessary direction/to pass necessary orders in the interest of justice. On 01.11.2015 the traced woman and her children were produced before the Hon'ble II ADM (Inchage for CJM) as per the direction of court the traced woman and her children were handed over to her husband for one day only and the next day they were produced before the Hon'ble Court, Puducherry. The traced woman was produced before the Hon'ble Court Puducherry on 02.11.2015 for further proceedings. Before the Hon'ble Court, she stated that as she wants to go along with her husband Mathivanan, the Hon'ble Court issued orders to hand over the traced woman and her children to her husband. As per the direction of the Hon'ble Court, Puducherry the traced woman namely Sathya and her children were handed over to her husband.

As the Victims were traced, no further investigation was found required and no action was required against the suspected person, final report was prepared and to drop further investigation to refer this case as Action Dropped.

RCS Notice was served with the complainant. The Final report was submitted before the Hon'ble Court of CJM Puducherry with a request to issue slip proceedings and this case was treated as Action Dropped on 02.11.2015."

3. As the detenus have been secured, recording the above statement, this Habeas Corpus Petition stands closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

sl To

1. The Superintendent of Police (North), Pondicherry State.

2. The Inspector of Police, Odiyan Salai Police Station, Pondicherry.

3. The Public Prosecutor,(Puducherry) High Court, Madras. +1 cc to Government Pleader Cum-Public Prosecutor for Pondicherry, sr.2219 H.C.P.No.2801 of 2015 bvr co kra 27.01.2016