John Jabaraj v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.797 of 2023 John Jabaraj .. Petitioner Vs 1.The Inspector of Police, T-10 Thirumullaivoyal Police Station, Thiruvallur District.
2.The Commissioner of Police, Avadi, Commissioner Office, Avadi, Chennai - 600 054.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondent police to produce the petitioner's minor son XXX aged about 8 years as informed by the respondent police before this Court and hand over custody to the petitioner.
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For Petitioner :
Mr.M.Himavanth For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of captioned 'Habeas Corpus Petition' (hereinafter 'HCP' for the sake of brevity). This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listings on 04.05.2023, 10.05.2023, 11.05.2023, 13.06.2023 and 04.07.2023, which read as follows:
'04.05.2023:
Mr.R.Muniyapparaj, learned Addl. Public Prosecutor takes notice for the respondents and he seeks time to get instructions.
Post the matter to next week for getting instructions.'
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'10.05.2023:
Mr.S.Rajakumar, learned Additional Public Prosecutor accepts notice for the respondents and confirms orally that the DNA report establishes conclusively, both paternity as well as maternity, of the petitioner and his wife qua Shakthi (child), aged about 8 years. The child is stated to be in the custody of Bala Mandir Child Protection Home, T.Nagar, Chennai.
2. Let the child be produced on 11.05.2023. Learned Additional Public Prosecutor is directed to file a comprehensive status report setting out all the details of the action taken in regard to the kidnapper, the stage of criminal case as against her as well as her antecedents with a copy served in advance upon the petitioner.
3. The report will also indicate the care given to the child thus far. Complete medical records and school records as well as other materials as relevant to the child, as on date, will also be produced.
4. List on 11.05.2023 as item 1 for production of the child as well as to await status report.'
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'11.05.2023:
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'13.06.2023:
Read this in conjunction with and in continuation of earlier proceedings made in the previous listing by Honourable Vacation Bench on 11.05.2023. Adverting to paragraph 12, learned Prosecutor requests for some more time to file a report with supporting material. Request acceded to.
2. List three weeks hence. List on 04.07.2023.
3. Between now and the next listing, arrangement put in place vide earlier order dated 11.05.2023 will continue to operate.'
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'04.07.2023:
Re-notified.
List on Monday. List on 17.07.2023.'
2. Today petitioner, petitioner's spouse Tamilarasi, petitioner's counsel Mr.M.Himavanth, Mr.E.Raj Thilak, learned State Additional Public Prosecutor for both the respondents and the minor child XXX (we are masking the name and we shall be referring to the minor child as 'absentee' for the sake of convenience) are present in Court.
3. Adverting to our earlier proceedings dated 13.06.2023, learned Prosecutor draws our attention to the forensic examination report dated 23.03.2023 bearing reference T.No.1775/2023 DNA/PAT/59/2023 (hereinafter 'said report') and more particularly point no.3 under the caption 'Inference' thereat and submits that there is a clear and categoric mention about the mother in the said report itself. On perusing the report, we find that submission of learned Prosecutor is correct.
4. Be that as it may, learned counsel for petitioner and learned Prosecutor submit in one voice that the absentee is now with the Page Nos.8/11
petitioner and his spouse (parents) for the last 40 days. This means that the integration of the absentee with his natural parents has happened.
5. As regards the complaint viz., Crime No.1538 of 2014, let the investigation proceed in accordance with law. Adverting to the said report, learned Prosecutor submits that the person concerned has been arrested in another crime number viz., Crime No.1343 of 2017 on the file of Villivakkam Police Station but it may not be necessary to go into these aspects of the matter and it will suffice to say that investigation shall proceed in accordance with law.
6. As regards the absentee, the petitioner and his spouse (parents) assured that they will be good caregivers and they will take adequate care of their minor child. Learned counsel points out that the parents would be admitting the absentee in a new school and the institution in which the child was thus far has some reservation in giving transfer certificate owing to pendency of captioned HCP. Now that we are dropping curtains on the captioned HCP, there will be no impediment for the institution concerned to do the needful and we make this position very clear.
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7. In the light of the narrative thus far, we record the happy ending and we drop the curtains on the captioned HCP as the habeas drill has been concluded.
8. Captioned HCP is disposed of as closed in the aforesaid manner.
(M.S.,J.) (R.S.V.,J.) 17.07.2023 Index : Yes/No mmi To 1.The Inspector of Police, T-10 Thirumullaivoyal Police Station, Thiruvallur District.
2.The Commissioner of Police, Avadi, Commissioner Office, Avadi, Chennai - 600 054.
3.The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL, J., mmi H.C.P.No.797 of 2023 17.07.2023 Page Nos.11/11