Pattusamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MR.JUSTICE P.N.PRAKASH HABEAS CORPUS PETITION NO.3108 OF 2015 Pattusamy .... Petitioner Vs.

1.The Superintendent of Police Cuddalore District Cuddalore.

2.State by Inspector of Police Panruti Police Station Cuddalore District (Crime No.678 of 2015) .... Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents herein to produce the body and person of the detenue by name Kalpana daughter of Kuppusamy, aged about 17 years before this Court and set her at liberty. For Petitioner :Mr.K.Balu For Respondents :Mr.A.N.Thambidurai, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by P.N.PRAKASH,J.) This Habeas Corpus Petition has been filed seeking a direction to the respondents to produce the body and person of the detenue by name Kalpana, D/o Kuppusamy, aged about 17 years before this Court and set her at liberty.

2. It is the case of the petitioner that his granddaughter Kalpana, aged about 17 years went missing on 25.11.2015, in connection with which a case in Cr.No.678 of 2015 for "girl

missing" has been registered by the respondent police. Since no proper action was taken by the police to secure the detenue, this Habeas Corpus Petition has been filed.

3. Though the matter is not listed today, it was taken up on a special mention made by the learned Additional Public Prosecutor that, the respondent police have secured the detenue and they are producing her.

4. On notice, Mr.K.Balu, learned counsel for the petitioner appeared and submitted that, since the matter has been taken out of turn, he has not been able to communicate to the parties for their presence before this Court. However, the detenue Kalpana was produced before this Court and when questioned by us, she told that she is willing to go back with her mother.

5. Today, Mrs.Mahalakshmi, mother of the detenue is present before this Court and the detenue identified her and is willing to go with her.

Recording the same, the custody of the detenue is handed over to the mother and the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police Cuddalore District Cuddalore.

2.State by The Inspector of Police Panruti Police Station Cuddalore District

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.3108 of 2015 mg(CO) srg(27/01/2016)