A.Gopalakrishnan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2020

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MRS. JUSTICE R. HEMALATHA H.C.P. No. 687 of 2020 A. Gopalakrishnan ..Petitioner Vs.

1.

The State of Tamil Nadu rep. by Inspector of Police, Tiruvarur Taluk Police Station, Tiruvarur.

2.

Sivakanthan 3.

The Superintendent of Police, Thiruvarur.

(R3 is suo motu impleaded as per order dated 15.05.2020 by NKKJ and RHJ) ..Respondents Prayer:

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the 1st respondent to produce the body of petitioner's minor daughter Kaviya @ Kalaivani (aged 16 years - born on 02.06.2003) before this Court, from the illegal custody of the 2nd respondent, and handover her custody to the petitioner/father.

For Petitioner ::

Mr.R. Selvakumar For Respondents ::

Mrs.M. Prabhavathi, Additional Public Prosecutor

O R D E R

(Order of the Court was made by N. KIRUBAKARAN,J.) The matter is heard through "Video- Conferencing". https://hcservices.ecourts.gov.in/hcservices/

The Habeas Corpus Petition has been filed for a direction to the 1st respondent to produce the petitioner's minor daughter Kaviya @ Kalaivani, who went missing on 06.03.2020. 2.

When the matter is called today, Mrs.M. Prabhavathi, learned Additional Public Prosecutor would submit that the petitioner's daughter along with the accused has surrendered before the Police and the accused has been arrested. A case in Crime No. 99 of 2020 has been registered against the accused under Section 6 read with Section 5 of POCSO Act and the case has been transferred to All Women Police Station, Thiruvarur. The learned Additional Public Prosecutor would further submit that since the minor girl refused to go along with her parents, she has been sent to Karunai Illam, Thiruvarur.

3.

Recording the above submission made by the learned Additional Public Prosecutor, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-III-MDU) //True copy// Sub Assistant Registrar nv To 1.

The Inspector of Police, Tiruvarur Taluk Police Station, Tiruvarur.

2.

The Superintendent of Police, Thiruvarur.

3.

The Public Prosecutor, High Court, Chennai.

H.C.P. No. 687 of 2020 MR(CO) GMY(31/07/2020) https://hcservices.ecourts.gov.in/hcservices/