R.Kanmani v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 08.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH H.C.P. NO. 3257 OF 2015 R.Kanmani .. Petitioner - Vs -

1. The Inspector of Police M-4, Redhills Police Station Redhills, Chennai 600 052.

2. Ramu

3. Mani

4. Saraswathi .. Respondents Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of habeas corpus directing the first respondent to secure the detenue R.Bhavani @ Indira, aged about 16 years, daughter of the petitioner, from the illegal custody of respondents 2 to 4 and produce her before this Court and hand over her custody to the petitioner. For Petitioner : Mr.Thiyagaiya For Respondents : Mr. A.N.Thambidurai, APP for R-1

ORDER

(DELIVERED BY P.N.PRAKASH, J.) This petition is filed for the issuance of a writ of habeas corpus directing the first respondent to secure the detenue R.Bhavani @ Indira, aged about 16 years, daughter of the petitioner, before this Court and hand over her custody to the petitioner.

2. It is the case of the petitioner that her daughter, Bhavani @ Indira, aged 16 years went missing in connection with which a case in Crime No.1861/2015 has been registered on 21.12.2015 by the respondent police for 'Girl Missing'. Inspite of registration of the complaint, since no effective steps have been taken by the respondent police, the present petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/

3. Today, though the matter is not listed, on a special mention made by the learned Addl. Public Prosecutor, the matter is taken up for hearing. The respondent police produced the detenue Bhavani @ Indira before the Court. The parents of the detenue are also present in Court.

4. When the Court questioned the detenue, she stated that she had left the house on her own volition and that she is now willing to go back with her parents.

5. Learned Addl. Public Prosecutor, however, submitted, that the girl missing case in Crime No.1861/2015 has been altered to one under Sections 366, 366-A, 376 IPC and Section 4 of POCSO Act and alteration report has also been filed before the Mahila Court, Tiruvallur, which is the jurisdictional Court.

6. In such view of the matter, recording the statement of the detenue that she is willing to go along with her parents, the parents of the detenue are allowed to take the detenue back with them, after completing all the formalities before the Kellys Home, Chennai, where the girl/detenue was initially lodged. The parents of the detenue are also further directed to co-operate with the respondent police in the investigation of the case by producing the girl for medical examination and also for the purpose of recording her statement by the authorities.

7. With the above direction this habeas corpus petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To

1. The Inspector of Police M-4, Redhills Police Station Redhills, Chennai 600 052.

2. The Public Prosecutor High Court, Madras.

Copy to:

The Officer Incharge, Kellys Home, Chennai +1 cc to M/S.L.Surya Associates sr.1540 H.C.P. NO. 3257 OF 2015 aa08/01/2016 https://hcservices.ecourts.gov.in/hcservices/