K.Rosapathy, F/A-45 v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER And THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1586 of 2017 K.Rosapathy ... Petitioner Vs.

1. The Superintendent of Police, District Superintendent Office, Ariyalur.

2. The Deputy Superintendent of Police, Jayamkondam, Ariyalur District.

3. The Inspector of Police, Udayarpalayam Police Station, Udayarpalayam, Ariyalur District.

4. T.Rajeevganthi ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the production of the detenue Minor K.Aarthy, aged 16 years, D/o.Kaliyamoorthy before this Court and set her at liberty from the fourth respondent.

For Petitioner :

Mr.N.Rajavannian For Respondents:

Mr.V.M.R.Rajentran 1 to 3 Additional Public Prosecutor R4: S.Sarath Chandran

O R D E R

[Order of the Court was made by RAJIV SHAKDHER, J.]

1. In this petition, notice was issued on 29.08.2017. Thereafter, on various dates hearings have been held in the matter.

2. On 16.11.2017, which was the previous date, we were told by Mr.V.M.R.Rajentran, learned Additional Public Prosecutor, on instructions of the Investigating Officer, that some clues had been received with regard to location of the detenue. 2.1. Accordingly, the matter was posted for further hearing on 08.12.2017. For some reasons, the matter did not appear in the list on the said date. Today, in the morning session, Mr.V.M.R.Rajentran, mentioned the matter before us. The learned Additional Public Prosecutor informed us that the detenue/Ms.K.Arthi, who is aged about 16 years, had been located. Furthermore, in view of the age of the detenue, the learned Additional Public Prosecutor, requested that the matter be taken up today. He also informed us that the information with regard to the matter being mentioned for listing, had been given, both to the petitioner as well as counsel for respondent No.4.

2.2. It is in this background, we took up the matter for hearing today.

3. We have interacted with the detenue/Ms.K.Aarthy. 3.1. She says, though, she has married respondent No.4/Mr.T.Rajeevganthi, she would like to be in the company of the petitioner.

3.2. To be noted, the petitioner is the mother of the detenue.

4. Mr.S.Sarath Chandran, Advocate, who appears for respondent No.4/Mr.T.Rajeevgandhi, says that he has no objection to the detenue Ms.K.Aarthy, being in the company of the petitioner.

5. Thus, having regard to the desire expressed by the detenue/Ms.K.Aarthy, no further orders are called for, in the present petition.

6. The captioned petition is, accordingly, closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gg

To

1. The Superintendent of Police, District Superintendent Office, Ariyalur.

2. The Deputy Superintendent of Police, Jayamkondam, Ariyalur District.

3. The Inspector of Police, Udayarpalayam Police Station, Udayarpalayam, Ariyalur District.

4. The Additional Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.N.Rajavannian, Advocate, S.R.No.90878 +1cc to S.Sarath Chandran, Advocate, S.R.No.90275 H.C.P.No.1586 of 2017 SSI(CO) CS/24/01/18