A.Kannan, M/42 v. The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.540 of 2017 A.Kannan .. Petitioner Vs 1.The Sub Inspector of Police, Salavakkam Police Station, Kancheepuram District.

2.G.Kothandam .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents to secure the petitioner's daughter Monisha aged 17 years and produce her before this Court and set her liberty. For Petitioner :

Mr.M.G.Chandrasekar for Mr.G.Punniyakotti For 1st respondent :

Mr.V.M.R.Rajentren, Additional Public Prosecutor

O R D E R

(The order of the Court was made by S.NAGAMUTHU.,J ) The petitioner is the father of one Ms.Monisha, aged about 17 years. She has just completed XI standard. Since, she has been found missing from 31.03.2017, the petitioner has come up with this Habeas Corpus Petition. The further allegation of the petitioner is that he suspects that the second respondent herein would have kidnapped her.

2.Today, when the matter was taken up for hearing, the petitioner has made appearance along with his wife. The first respondent Police produced the detenue before us. Her date of birth is 08.06.2000. She told us that her father and mother are living separately and she was living along with her father. Since, she was tortured, she went to the house of her mother and

with her, she has been all along living. The said statement is recorded.

3.Since, there is no illegal detention, the Habeas Corpus Petition is closed however, the respondent Police shall continue the investigation and verify whether any offence under the penal provisions or under the Protection of Children from Sexual Offences, Act has been committed by any person against the detenue and if so, proceed further, in accordance with law. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar jbm To

1. The Sub Inspector of Police, Salavakkam Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.G.Punniyakotti, Advocate, S.R.No.26115/17 H.C.P.No.540 of 2017 BR(CO) CS/23/05/17