M.Pushpalatha v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2015

CORAM:

THE HON'BLE MR. JUSTICE R.SUDHAKAR AND THE HON'BLE MR. JUSTICE P.N. PRAKASH H.C.P.No.2871 of 2015 M.Pushpalatha Petitioner/Mother of the detenue vs.

1.The Commissioner of Police Commissioner Office, Vepery, Chennai.

2.The Inspector of Police, T-5, Thiruverkadu Police Station, Chennai - 600 077.

3.Vimalraj 4.Lubi 5.Parvathi 6.Vicky Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records relating to the complaint dated 29.10.2015 and 02.11.2015, pending on the files of the 1st and 2nd respondents and direct the respondents to produce the detenue Miss.M.Hemalatha, daughter of K.Meganathan, aged about 16 years, before this Hon'ble Court, now she is illegally detained in the custody of the third respondent and set the detenu Miss.M.Hemalatha and handover her custody to the petitioner forthwith.

For Petitioner :Mr.T.S.Kanmani For Respondents:Mr.A.N.Thambidurai Additional Public Prosecutor for R1 and R2

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) This petition has been filed seeking a direction to the respondent police to produce the detenue, Hemalatha, D/o https://hcservices.ecourts.gov.in/hcservices/

K.Meganathan, aged about 16 years, before this Court said to be illegally detained in the custody of the third respondent and set her at liberty.

2. On the orders of this Court, Mr.S.Krishna Kumar, Inspector of Police, T-5 Thiruverkadu Police Station is present.

3. It is the case of the petitioner that her daughter Hemalatha, aged about 16 years went missing, in connection with which a case in Cr.No.1027 of 2015 for offences under Sections 366A, 506(i) IPC and Section 4 of POCSO Act was registered and the accused was arrested and the victim girl was also secured and produced before the Mahila Court, Tiruvallur.

4. Learned Additional Public Prosecutor submits that the victim girl is lodged in the Juveniles Homes, Kellys. However, learned counsel for the petitioner states that the petitioner's father had taken custody of the victim girl. Be that as it may, we find that there is no illegal detention at this point of time. Accordingly, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police Commissioner Office, Vepery, Chennai.

2.The Inspector of Police, T-5, Thiruverkadu Police Station, Chennai - 600 077.

3.The Public Prosecutor High Court of Madras Chennai.

+1cc to M/S. T.S.Kanmani, Advocate, S.R.No.69715 H.C.P.No.2871 of 2015 vgi(CO) srg(19/01/2016) https://hcservices.ecourts.gov.in/hcservices/