Murali @ Muralidharan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MRS. JUSTICE S.SRIMATHY H.C.P.No.1491 of 2021 Murali @ Muralidharan S/o.Rajendran .. Petitioner Vs.

The State represented by its

1. The Commissioner of Police, Chennai City, Office of the COP, Veppery, Chennai - 600 007.

2. The Inspector of Police, P4 - Pulianthope P.S.

Chennai - 600 012.

3. The Inspector of Police, W16 - All Women P.S., Pulianthope, Chennai - 600 012.

4. Gunasekaran S/o.Nagaraj .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 to 3 to produce the body and person of the petitioner's daughter Keerthana D/o.Murali @ Muralidharan, aged 17 years, before this Court and handover her custody to the petitioner.

For Petitioner :

Mr.D.Mario Johnson For Respondents:

Mr.R.Muniyapparaj Additional Public Prosecutor [1 to 3]

ORDER

[Order of the Court was made by P.N.PRAKASH, J] On 24.09.2021, we passed the following order: 'This petition has been filed seeking a direction to the respondents 1 to 3 to produce the petitioner's daughter Keerthana, aged about 17 years, before this Court and handover her custody to the petitioner.

2. It is the case of the petitioner that his daughter Keerthana, aged about 17 years, is in the illegal custody of fourth respondent and that the police are not taking effective steps to secure her.

3. On instructions, learned Additional Public Prosecutor appearing for the State submits that the fourth respondent had illegally abducted the petitioner's daughter Keerthana, in connection with which, a case in Pulianthope AWPS Crime No.12 of 2021 was registered on 15.09.2021 for the offences u/s.5(j) (ii) and 6 of the POCSO Act, 2012, against the fourth respondent. Thereafter, the petitioner's daughter returned home and again, she has gone missing.

4. Be that as it may, we direct the Assistant Commissioner of Police, Pulianthope, to supervise the investigation in Pulianthope AWPS Crime No.12 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she shall be produced before the Child Welfare Committee, Surya Narayana Road, Singaravel Nagar, Royapuram, Chennai - 600 013, under intimation to the petitioner. On such production, the Child Welfare Committee may pass appropriate orders with regard to the custody of the detenue, in accordance with law.

Post on 22.10.2021.'

2. Today, when the matter was taken up for hearing, learned counsel for the petitioner and learned Additional Public Prosecutor submit that the detenue was secured and handed over to her parents.

Recording the said submission, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gm To

1. The Commissioner of Police, Chennai City, Office of the COP, Veppery, Chennai - 600 007.

2. The Inspector of Police, P4 - Pulianthope P.S.

Chennai - 600 012.

3. The Inspector of Police, W16 - All Women P.S., Pulianthope, Chennai - 600 012.

4. The Public Prosecutor, High Court, Madras.

H.C.P.No.1491 of 2021 KG(CO) SU(02/11/2021)