Mrs.Anjalai v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2015

CORAM:

THE HONOURABLE DR. JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P.No.515 OF 2015 Anjalai .. Petitioner vs.

1. The Commissioner of Police, Vepery, Chennai-7.

2. The State rep. by the Inspector of Police, S.10, Pallikaranai Police Station, Chennai-100.

3. The Chairman, Child Welfare Committee, Chengalpet-603 002.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus petition directing the 2nd respondent herein to produce the petitioner's minor daughter Jayapriya, aged about 7 years before this Court who is now detained and in protective custody of the 3rd respondent herein and set her at liberty and hand over the custody of the minor child to the petitioner.

For Petitioner .. Mr.P.C.Ramesh For Respondents 1 & 2 .. Mr.A.N.Thambidurai, APP

ORDER

(Order of the Court was made by S.TAMILVANAN, J.) This Habeas Corpus Petition has been filed seeking a direction to the 2nd respondent to produce the petitioner's minor daughter Jayapriya, aged about 7 years, before this Court from the custody of the 3rd respondent.

2.

The child Jayapriya was produced before this Court even in the earlier occasion i.e. on 23.06.2015.

3.

It was also brought to our notice that the father was not properly looking after the child and the petitioner herein, who is the mother of the child. The mother of the child is doing Coolie work and hence, she could not concentrate in bringing up her child in a right direction and the child was subjected to certain inconvenience by some other unscrupulous persons for which the father of the child was also a party.

4.

In the above said circumstances, the child was ordered to be kept under the custody of the 3rd respondent herein, namely, the Chairman, Child Welfare Committee, Chengalpet. In the previous hearing i.e. on 23.06.2015, the child was handed over to the petitioner with certain directions and accordingly, the matter was posted today.

5.

The petitioner appeared before this Court along with her child Jayapriya. In the Court, we can see that the child is very affectionate with her mother. However, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 would pray to issue certain directions to the 3rd respondent for the welfare of the child. 6.

Accordingly, the 3rd respondent, namely, the Child Welfare Committee, Chengelpet or any member of the Child Welfare Committee, shall periodically visit the child Jayapriya at the residence of the petitioner for six months and even thereafter, they can have a visit on bringing up the girl child Jayapriya properly, till she attains majority. If there is any untoward incident or unreasonable behaviour against the welfare of the child, the 3rd respondent or any member of the 3rd respondent, be at liberty to bring up the same to the notice of this Court to pass appropriate orders considering the welfare of the child.

7.

With the above observation, the Habeas Corpus Petition is closed.

-s/dAssistant Registrar(CO) Dated:28/07/2015 True Copy Sub-Assistant Registrar

To

1. The Commissioner of Police, Vepery, Chennai-7.

2. The Inspector of Police, S.10, Pallikaranai Police Station, Chennai-100.

3. The Chairman, Child Welfare Committee, Chengalpet-603 002.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.P.C.Ramesh Advocate sr.35513 H.C.P.No.515/2015 km(co) aa28/07/2015