Kanchana v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.09.2019

CORAM

The Honourable Mr.Justice M.M.SUNDRESH and The Honourable Mr. Justice RMT. TEEKAA RAMAN Habeas Corpus Petition No.1292 of 2019 Kanchana ... Petitioner .. Vs ..

1. The Commissioner of Police, Greater Chennai Police, Chennai.

2. Joint Commissioner of Police, Ambattur Estate, Ambattur, Chennai.

3. Assistant Commissioner of Police, Poonamallee, Ponnamallee Police Range, Poonamallee, Chennai - 56.

4. Deputy Commissioner of Police, Avadi, Ambattur Police District.

5. The Inspector of Police, T5 - Thiruverkadu Police Station, Thiruverkadu, Chennai.

6. Kasirajan ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the fifth respondent to produce the body of the detenue namely Hasini D/o. Kanchana, aged about 3 years (Minor child) from the illegal custody of the 6th respondent before this Court and hand over to the petitioner.

For Petitioner :

Mr.R.Prabakar For RR-1 to 5 :

Mr.R.Prathap Kumar Additional Public Prosecutor - - - - -

ORDER

[Order of the Court was made by Justice M.M.SUNDRESH] As noted, on the last occasion, the detenue has since joined the petitioner, however, new problem has created. Now, the detenue has eloped with yet another unmarried man. The detenue was also secured. However, the parents, who are also present, were not willing to take her back. That is the reason why, we are called upon the Secretary, District Legal Services Authority to be present today. It is agreed by the parents to take back the detenue. Though there was a change of circumstances, we are of the view that it is appropriate to direct the Secretary, District Legal Services Authority, to involve a process of counselling with the detenue and her parents.

2. With the above said observation, the Habeas Corpus Petition shall stand closed.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar Jrl To

1. The Commissioner of Police, Greater Chennai Police, Chennai.

2. Joint Commissioner of Police, Ambattur Estate, Ambattur, Chennai.

3. Assistant Commissioner of Police, Poonamallee, Ponnamallee Police Range, Poonamallee,Chennai - 56.

4. Deputy Commissioner of Police, Avadi, Ambattur Police District.

5. The Inspector of Police, T5 - Thiruverkadu Police Station, Thiruverkadu, Chennai.

6. The Public Prosecutor, High Court, Chennai.

+1cc to Mr. R.Prabakar, Advocate, S.R.No.78676 H.C.P.No.1292 of 2019 SJ(CO) GN(17/10/2019)