K.Govindhammal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.2.2015 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.No.1615 of 2014 K.Govindhammal .. petitioner vs.

1. The Inspector of Police Ambur Town Police Station Vellore District

2. Sankar s/o.Kanagaraj

3. Kanagaraj s/o.Koothan both residing in Aasanampattu Road Kambikollai, Ambur, Vellore District

4. Usha w/o.Muthu Parayampattu Village Thiruvannamalai Taluk and District (Respondents 3 to 5 were given up)

5. Pushpa w/o.Kothandam Kattamedu, Ambur Vellore District .. Respondents H.C.P. has been filed for a writ of Habeas Corpus directing the first respondent herein to produce the petitioner's daughter K.Divya, aged 14 years, who is in the illegal custody of the respondents 2 to 5 herein before this Court and set her at liberty.

For petitioner : Mr.S.V.Karthikeyan For Respondent : Mr.A.N.Thambi Durai Addl. Public Prosecutor (Crl.Side)

O R D E R

This Habeas Corpus Petition has been filed to direct the first respondent to produce the detenue, namely, K.Divya, aged 14 years, before this Court and to set her at liberty.

2. The petitioner is the mother of the detenue. It has been stated in the petition that since the detenue was missing, the petitioner gave a complaint on 10.3.2014, to the first respondent Police. Since no effective steps had been taken by the first respondent Police, the petitioner had filed the present Habeas Corpus Petition.

3. On 16.2.2015, when the matter was taken up for hearing, the detenue was produced before us by the first respondent Police. On enquiry, the detenue was not willing to go along with her parents. Therefore, the detenue was directed to be kept in the Government Observation Home for Children, Purasawalkam High Road, Kellys, Chennai-16. Further, the Inspector of Police, B4, High Court Police, Station, Chennai, was also directed to produce the detenue before this Court on 24.2.2015.

4. Today, when the matter was taken up for hearing, the detenue was produced before us. The petitioner is also present. The detenue expressed her willingness to go with her mother, the petitioner herein.

5. In such circumstances, since the detenue is a minor and as the detenue expressed her willingness to go with her mother, the custody of the detenue is handed over to the mother of the detenue, namely, K.Govindhammal, who is the petitioner herein. The Habeas Corpus Petition is ordered accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lan

To:

1. The Inspector of Police Ambur Town Police Station Vellore District 2.The Public Prosecutor High Court, Madras.

Copy to:

1.The Superintendent, Government Observation Home for Children, Purasawalkam High Road, Kellys, Chennai-16.

2.Mrs.Geetha, The Inspector of Police, B4, High Court Police, Station, Chennai, H.C.P.No.1615 of 2014 MG(CO) PMK.26.2.2015