Mrs.Santha v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.2373 of 2017 Mrs. Santha ... Petitioner -Vs1.The State by The Superintendent of Police, Dharmapuri District, Dharmapuri

2. The Sub-Inspector of Police Perumbalai Police Station Perumbalai, Dharmapuri District

3. The Superintendent, Vallalar Children Home, Kurinji Nagar, Nallaipalli Taluk, Dharmapuri District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents 1 to 2 herein to produce the body and person of the detenue by name Thangam aged about 13 years before this Court from the custody of the 3rd respondent and handover to the petitioner herein.

For Petitioner :

Mr.MR. Jothimanian For Respondents:

Mr.V.M.R.Rajentran Additional Public Prosecutor

O R D E R

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

1. Mr. R. Rajasekaran, Superintendent, Children Home for Boys and Girls, Under Vallalar Illam, Kurinji Nagar, Nallampalli, Dharmapuri is present in Court. He informs us that the detenue Ms. Thangam was transferred to Children Home,

Mahalir Aran Trust, Devaruthapalli, Nallampalli (Tk) Dharmapuri (Dt.).

2. The detenue/Ms.Thangam who is present in Home, says that, she wishes to remain in the custody of her father.

3. The petitioner before us is the sister of the detenue/Ms.Thangam.

4. We are informed by Mr.Jayaseelan, the Investigating Officer, that the detenue/Ms. Thangam has escaped from the Children's Home, Mahalir Aran Trust.

5. In these circumstances, the detenue/Ms.Thangam will be restored to the said Home. The Superintendent of the said Home shall produce the detenue/Ms. Thangam, before the concerned Child Welfare Committee(CWC). The CWC will pass appropriate order having regard to best interest of the child. 5.1. While passing the order CWC will keep in mind that the detenue/Ms.Thangam has expressed in desire to return to her family of orgin.

6. Let the needful done by the Superintendent of Mahalir Aran Trust, as expeditiously as possible by no later than 28.12.2017.

7. The petition is, accordingly, disposed of the aforementioned terms.

Sd/- Assistant Registrar(CS-xi) //True Copy// Sub Assistant Registrar ggs To

1. The Superintendent of Police, Dharmapuri District, Dharmapuri

2. The Sub-Inspector of Police Perumbalai Police Station Perumbalai, Dharmapuri District

3. The Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.M.R.JOTHIMANIAN Advocate, S.R.No. 92394 H.C.P.No.2373 of 2017 TR(22/12/2017)