K.Rajendran v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2016
CORAM:
The HON'BLE MR. JUSTICE M.JAICHANDREN and The HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1325 of 2016 K.Rajendran .. Petitioner Vs.
1.The Superintendent of Police, Villupuram District, Villupuram.
2.The Deputy Superintendent of Police, Gingee, Villupuram District.
3.The Inspector of Police, Gingee Police Station, Villupuram District.
4.G.Sankar 5.S.Santhosh 6.Asothai 7.K.Kannan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 to 3 herein to produce the body of the detenu, minor R.Jayalakshmi, aged 16 years, before this Court and set her at liberty.
For petitioner : Mr.J.Karthikeyan For respondents : Mr.V.M.R.Rajentren, APP for RR1 to 3 Mr.L.Mahendran for R-4
ORDER
(Order of the Court was made by M.JAICHANDREN, J.) Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor, appearing on behalf of the respondents 1 to 3 and the learned counsel appearing on behalf of the fourth respondent.
This Habeas Corpus Petition has been filed by the petitioner, who is the father of the detenue, namely, R.Jayalakshmi, aged about 16 years, praying that this court may be pleased to issue a Writ of Habeas Corpus, directing the respondents to produce the petitioner's minor daughter, namely, R.Jayalakshmi, before this Court and set her at liberty. The petitioner, who is the father of the detenue, had stated that his daughter, R.Jayalakshmi, who is studying in Plus 2, in the Government Girls Higher Secondary School, Melsithamur, had gone missing, on 8.6.2016. Hence, the petitioner had lodged a complaint, before the third respondent, on 9.6.2016. The said complaint had been registered in Crime No.294 of 2016, under Section 366A of the Indian Penal Code. Since no action had been taken by the respondent police to secure the minor girl from the illegal custody of the respondents 5 to 7 herein, the petitioner had lodged a further complaint before the first respondent, on 15.6.2016. Thereafter, he has preferred the present Habeas Corpus Petition before this Court.
Today, when the matter had been taken up for hearing, the learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, had produced the detenue before this Court. He had also stated that the detenue had been kept in the custody of Abayam Short Stay Home, Villupuram, based on an order passed by the Judicial Magistrate, Gingee.
On enquiry, the detenue had stated that she had married the fifth respondent a few months back and she has been living with him, thereafter. She had further stated that she would like to go along with her parents, who are present before this Court. The parents of the detenue had also stated that they would take care of the detenue and permit her to continue her studies. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and in view of the submission made by the detenue, this Court is of the considered view that it is appropriate to permit the detenue, namely, R.Jayalakshmi, to go along with her parents, as per her wish.
As the detenue is kept in the custody of Abayam Short Stay Home, Villupuram, a direction is issued to the said home to permit the detenue to go along with her parents, as per her wish, on furnishing necessary identification by the parents of the detenue. However, the action taken against the respondents concerned, under the provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), shall go on, in accordance with law.
This Habeas Corpus Petition stands closed, with the above directions.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vvk To 1.The Superintendent of Police, Villupuram District, Villupuram.
2.The Deputy Superintendent of Police, Gingee, Villupuram District.
3.The Inspector of Police, Gingee Police Station, Villupuram District.
4.The Superintendent Abayam Short Stay Home, "Kalaiselvi Karunalaya", No.10, Vaigai Sathuram, Thanthai Periyar Nagar, Villupuram.
5. The Public Prosecutor High Court, Chennai.
1 cc to M/s.J.Karthikeyan, Advocate, sr.58345 1 cc to M/s.L.Mahendran, Advocate, sr.58311 H.C.P. No.1325 of 2016 sm co kra 17.10.2016