K.Meena v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 973 of 2019 K.Meena ... Petitioner -vs1.The Superintendent of Police, Office of the Superintendent of Police, Salem, Salem District.

2.The State Rep by The Inspector of Police, Magdanchavadi Police Station, 3.Vijayan 4.The Inspector of Police, Panimarathupalli Police Station, (R4 suo motu impleaded vide order dated 24.06.2019 made in HCP 973/2019 by MMSJ & MNKJ) ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the second respondent herein to produce the body and person of the detenue by name, Ramya, aged about 19 years, before this Court and set her at liberty.

For Petitioner : Mr.D.Arun For Respondents :

Mr.R.Prathap Kumar Addl. Public Prosecutor for R1,R2,R4 : Mr.T.N.Rangesh Kanna for R3

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the second respondent herein to produce the body and person of the detenue by name, Ramya, aged about 19 years, before this Court and to set her at liberty, the present Habeas Corpus Petition has been filed.

2. The petitioner is the mother of the detenue seeking production from the custody of the third respondent.

3. As submitted by the learned Additional Public Prosecutor by placing reliance upon the status report, this is the second time elopement. In fact, even on one of the earlier occasions, the detenue was produced. Thereafter, she once again eloped with the third respondent, who is a married man. A case has also been registered against the third respondent for the earlier elopement during which period the detenue was a minor. The investigation is being monitored and supervised by the first respondent also.

4. In such view of the matter, we are not inclined to keep this petition pending any longer. Accordingly, the Habeas Corpus Petition stands closed. However, respondents 1 and 4 are directed to continue with the investigation and make all endeavour to secure the detenue and the third respondent against whom a case has been registered for cognizable offence including the one under the POCSO Act. As and when the detenue is secured, she should be produced before the jurisdictional Magistrate.

mmi/ssm Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Salem, Salem District.

2.The Inspector of Police, Magdanchavadi Police Station,

3.The Inspector of Police, Panimarathupalli Police Station, 4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Arun, Advocate, S.R.No.94399 H.C.P. No. 973 of 2019 SS(CO) GN(20/12/2019)