Muniyan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 18-07-2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1335 of 2016 Muniyan ...

Petitioner -vs1.State rep.by The Inspector of Police, Valathy Police Station, Valathy, Villupuram District.

2.Perumal 3.Velu 4.Parvathy ...

Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus, directing the first respondent to produce the detenue Minor Ranjitha, aged about 17 years, daughter of Muniyan, Arakaampoondi Village, Gingee Taluk, Villupuram District-57, before this Hon'ble Court and set her at liberty. For petitioner : Mr.N.Raja For respondent 1 : Mr.V.M.R.Rajendran, Additional Public Prosecutor.

O R D E R

(Order of the Court was made by V.Bharathidasan,J.) The petitioner, who is the father of the detenue, by name, Ranjitha, aged about 17 years, has come forward with this Habeas Corpus Petition, alleging that his daughter, namely, Ranjitha, is found missing from 21.05.2016, and has been kidnapped by respondents 2 to 4. Based on his complaint, a case was registered in Crime No.146 of 2016.

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2. Today, when the Habeas Corpus Petition is taken up in the Special List, the detenue has been produced before this Court by the first respondent. The learned Additional Public Prosecutor would submit that the second respondent has kidnapped the minor detenue and based on the complaint of the petitioner, a case under POCSO Act has been registered against the second respondent and he has also been arrested.

3. When we enquired the minor detenue, she stated that she is willing to go along with her parents. The petitioner along with his wife also made appearance. They submitted that they are willing to take the detenue along with them. Therefore, we entrust the detenue to the custody of the petitioner for today. We direct the first respondent police to produce the detenue before the POCSO Court concerned tomorrow i.e., on 19-07-2016, and, on such production, the said Court shall pass appropriate orders, entrusting the custody of the minor detenue to her parents.

4. Habeas Corpus Petition is disposed of accordingly. -s/dAssitant Registrar True Copy Sub-Assistant Registrar dixit To 1.The Inspector of Police, Valathy Police Station, Valathy, Villupuram District.

2.The Public Prosecutor High Court Madras H.C.P.No.1335 OF 2016 aa18/07/2016 https://hcservices.ecourts.gov.in/hcservices/