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Madras High CourtHCP/1892/2014closed

Mr.I.Seivaraj v. State Rep By

2016-01-05Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Sudhakar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 05.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH H.C.P. NO. 1892 OF 2014 I.Selvaraj .. Petitioner - Vs -

1. State rep. by The Superintendent of Police District Superintendent of Police Neethimedu, Salem.

2. The Inspector of Police Erumbalai Police Station Salem District, Salem.

3. Selvaraj

4. Mottai Kannan @ Kannan

5. Kanthasamy

6. Chinna Thayee .. Respondents Petition filed for the issuance of a writ of habeas corpus directing the respondents 1 and 2 to secure the detenue, S.Santhya, aged about 17 years, under the illegal detention of respondents 3 to 6, produce her before this Court and set her at liberty.

For Petitioner : Mr. S.Senthil Kumar for M/s.Star Associates For Respondents : Mr. A.N.Thambidurai, APP for RR1 & 2

ORDER

(DELIVERED BY P.N.PRAKASH, J.) The present petition has been filed by the petitioner for a direction to the respondents 1 and 2 to secure the detenue, S.Santhya, aged about 17 years, under the illegal detention of respondents 3 to 6, produce her before this Court and set her at liberty.

2. Heard the learned counsel appearing for the petitioner and the learned Addl. Public Prosecutor appearing for respondents 1 and 2.

3. It is the case of the petitioner that his daughter, Santhiya, aged about 17 years, went missing on 31.10.13 in connection with which a case in Crime No. 550/2013 under Section 366 (A) IPC has been registered by the second respondent. However, since the second respondent police is not taking necessary steps to secure the detenue, the petitioner filed the present petition before this Court.

4. A status report has been filed by the Inspector of Police, Steel Plant Police Station, Salem City, dated 19.12.2015, wherein the the details as to the investigation done in tracing the detenue have been narrated. It is submitted that during the pendency of the petition, the respondent police secured the detenue and produced her before this Court on 18.8.14 and on the orders of this Court, the detenue was left in the custody of Life Line Home, Hasthampatti, Salem. However, the detenue once again went missing from the said Home at Salem. Therefore, on the complaint of Tmt.Kalpana, Superintendent of the said Home, a case in Crime No.447/2014 for 'Girl Missing' was registered on 23.8.14 and investigation was taken up.

5. In furtherance of the investigation, the Hasthampatti Police secured the girl in Crime No.447/14 and the detenue was produced before the Judicial Magistrate No.1, Salem, on 3.11.14 and on the orders of the Judicial Magistrate No.1, Salem, the custody of the detenue was handed over to the Child Welfare Committee, Salem from where also the detenue once again absconded on 7.11.14. On the complaint of Tmt.Premalatha, Treasurer of the said Committee, another case in Crime No.657/14 was registered by the Hasthampatti Police on 8.11.14 and investigation is in progress.

6. Taking into consideration the entire backdrop of the case, this Court is of the considered view that since the detenue has the propensity to escape from the Child Welfare Home time and again, inspite of her being secured and lodged there, we find that this is not a case of illegal detention warranting issuance of a writ of habeas corpus. The act of the detenue clearly shows that she is leaving the Home, where she has been directed to be lodged, on her own volition and there is no case of illegal detention.

7. In the above circumstances, this habeas corpus petition is closed with a direction to the Hasthampatti Police, who have registered the case, to proceed with the investigation in Crime Nos. 550/2013 and 657/2014, trace the detenue and produce her before the jurisdictional Magistrate Court for passing

appropriate orders. The police authorities shall also keep the petitioner informed of any development/breakthrough in the case. GLN s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police District Superintendent of Police Neethimedu, Salem.

2. The Inspector of Police Erumbalai Police Station Salem District, Salem.

3. Inspector of Police Hasthampatti Police Station Salem.

4. The Public Prosecutor High Court Madras.

gr(co) prk1/2 H.C.P. NO.1892 OF 2014