B.Nalini @ Bakkiyam, A/35 v. The Senior Superintendent Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:13.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.388 of 2018 B.Nalini @ Bakkiyam ... Petitioner -Vs1.The Senior Superintendent of Police, Orleanpet Police Complex, Puducherry.
2. State by The Station House Officer, Odiansalai Police Station, Puducherry.
Crime No.76/2017.
3.The Chairperson, The Child Welfare Committee, Ariyankuppam, Puducherry.
4.The Co-Ordinator, Child Line 1098-Puducherry, Collaborative Organization, Pondicherry Multipurpose Social Society (PMSSS), #81, Laporte Street, Puducherry-605 001.
5.Kirubalaiya Home Korukanmedu, Thavalakuppam, Puducherry.
6.Thulasi @ Thulukanam 7.Bruno Charles (R7 is Suo-motu impleaded by this Court dated 13.03.2018) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records in Crime No.76/2017 on the file of the 2nd respondent and direct the 1st and 2nd respondents herein to produce the body of the petitioner's daughter named Kaviya @ Beatrice, F/A 15 years, D/o.Mr.Bruno Charles, who is now confined in Kirubalaiya Home, Korukanmedu, Thavalakuppam, Puducherry (5th Respondent herein) before this Hon'ble Court and set her liberty.
For Petitioner :
Mr.S.Silambu Selvan For Respondents :
Mr.D.Bharathachakravarthy Public Prosecutor (Pondicherry) for RR1 to 3 Mr.Stalin Abhimanyu for R7
ORDER
[Order of the Court was made by C.T.SELVAM, J.] Petitioner, who is the mother of detenue viz., Kaviya @ Beatrice, aged 15 years, seeks production of her daughter.
2. Heard learned counsel for petitioner, learned Public Prosecutor(Puducherry) for respondents 1 to 3 and learned counsel for seventh respondent.
3. Both affirm that the minor girl, who has been abused and a case stands registered under Protection of Children from Sexual Offences Act against the offender. Both counsels further informed that in the interest of the detenue/minor girl, it would be appropriate that she be required to be kept at the fifth respondent's Home and the third respondent/Child Welfare Committee is monitoring her welfare. Learned counsel for seventh respondent has further submitted that detenue is now attending classes for X standard and as also been taught tailoring. It has been further submitted that the petitioner/mother of the detenue shares residence with the abuser of the detenue/minor girl.
4. Given the above submission, this Court is not able to accept the submissions of learned counsel for petitioner that the detenue/minor girl would be safe under the care and custody of the petitioner/mother of the detenue and that the seventh respondent is levelling false charges against the petitioner since he and his wife/petitioner have for long been separated.
5. In the circumstance, this Habeas Corpus Petition shall stand closed. The detenue/minor girl shall continue to be in the custody of fifth respondent/Home and the third respondent/Child Welfare Committee is required to monitor the welfare of the child and to act in keeping with The Juvenile Justice (Care And Protection of Children) Act. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
kmi To 1.The Senior Superintendent of Police, Orleanpet Police Complex, Puducherry.
2. The Station House Officer, Odiansalai Police Station, Puducherry.
Crime No.76/2017.
3.The Chairperson, The Child Welfare Committee, Ariyankuppam, Puducherry.
4.The Co-Ordinator, Child Line 1098-Puducherry, Collaborative Organization, Pondicherry Multipurpose Social Society (PMSSS), #81, Laporte Street, Puducherry-605 001.
5.Kirubalaiya Home, Korukanmedu, Thavalakuppam, Puducherry.
6. The Public Prosecutor, High Court, Madras-104.
+1cc to Mr.S.Silambu Selvan, Advocate Sr.No.20567 +1cc to Government Pleader Sr.no.19570 +1cc to Mr.Stalin Abhimanyu, Advocate Sr.No.19183 GP(CO) sm:10.4.2018 H.C.P.No.388 of 2018