T.Deivakkannu v. The Inspector Of Police

In the High Court of Judicature at Madras Dated: 31.3.2015 Coram:

The Hon'ble Mr.Justice M.Jaichandren and The Hon'ble Ms.Justice K.B.K.Vasuki H.C.P. No.564 of 2015 T.Deivakkannu ..

Petitioner vs.

1.The Inspector of Police, Kurinjippadi Police Station, Cuddalore Dist.

2.The Superintendent of Police, Cuddalore Dist.

3.G.Shivasankar ..

Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the relief as stated therein.

For petitioner :

M/s.Senthil Swamy Associates For respondents :

Mr.A.N.Thambidurai, APP 1 & 2 -----

O R D E R

This Habeas Corpus Petition has been filed by the petitionerfather seeking to direct respondents 1 and 2 to secure his minor daughter, viz., Devi Deivakannu and to produce her before this Court and to set her at liberty.

2. When the matter has been taken up today, neither the petitioner nor his counsel is present before the Court. The wife of the petitioner by name Sivagami, along with the so-called detenue, Devi Deivakannu, were produced before this Court by the 1st respondentPolice. On being enquired, the detenue had stated that she was with another boy for some time and she is presently in the family way; she was produced before the Juvenile Justice Board, Cuddalore, from where, she was sent along with her mother, as per her willingness; she has been presently living along with her parents. The detenue's mother, when enquired by us, has admitted the factum of the detenue being with them. She has also stated that her husband, the petitioner herein, is unable to be present before the Court, due to his illness. She has also assured that they would take care of their daughter well.

3. At this juncture, the learned Additional Public Prosecutor has produced a copy of the order passed by the Juvenile Justice Board, Cuddalore, on 24.3.2015, the date on which the detenue along with her mother was produced before the said Board. The Board, in view of the endorsement made by the detenue that she is willing to go along with her mother, passed an order permitting her to go along with her mother and ordered for periodical medical checkup of the detenue. The Board also directed the mother to produce the detenue

before the Court concerned twice a month, for next three months.

4. Considering the facts and circumstances of the case, we find that the detenue is in the safe custody of her parents. Hence, no further order is warranted in the Habeas Corpus Petition. Accordingly, recording the statements made by the detenue and her mother, the Habeas Corpus Petition stands closed.

gs.

[M.J., J.] [K.B.K.V., J.] 31st March, 2015 Index:Yes/No.

Internet:Yes/No.

To 1.The Inspector of Police, Kurinjippadi Police Station, Cuddalore Dist.

2.The Superintendent of Police, Cuddalore Dist.

3. The Public Prosecutor, High Court, Madras.

M.Jaichandren, J.

and K.B.K.Vasuki, J.

gs.

HCP No.564 of 2015 31.3.2015