K.Ravikumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2016 ORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR. JUSTICE S. BASKARAN H.C.P.No.1348 of 2016 K.Ravikumar ... Petitioner vs 1.The Superintendent of Police, The Office of the Superintendent of Police, Tirupur.

2.The Inspector of Police, Vellakovil Police station, Vellakovil.

3.Veeramani @ Manikandan 4.Saravanan 5.Elayamma ... Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Habeas Corpus directing the second respondent to produce the person and body of the detenue (Madhumitha @ Malarvizhi, aged 17) of the petitioner's child from the illegal custody of 3rd to 5th respondents.

For Petitioner :

Mr.N.Stalin For Respondents:

Mr.V.M.R.Rajendren, Addl. Public Prosecutor for R1 and R2

O R D E R

(Order of the Court was made by S.BASKARAN J.) This habeas corpus petition has been filed by the father of the detenue, namely, Malarvizhi, aged about 17 years, praying that this Court may be pleased to direct the respondent police to produce his daughter, before this Court, and to set her at liberty.

2. It has been stated that the detenue, a minor, aged about 17 years, has been missing from 25.1.2016. Therefore, the petitioner had preferred a complaint before the second respondent police. The said complaint had been registered, on the same day, in Crime No.61 of 2016, for 'girl missing'. Since no effective steps had been taken, to trace the detenue, the petitioner has come forward with this present habeas corpus petition before this Court.

3. Today, when the matter was taken up for hearing, the second respondent police had produced the detenue before this Court. The father of the detenue was also present. On enquiry, the detenue has stated that she was kidnapped by the third respondent herein and she has been detained by him. The fourth and fifth respondents herein helped the petitioner for such kidnapping. She had further stated that she is willing to go with her father, who is present before this Court along with his wife.

4. The learned counsel appearing for the fourth and fifth respondents submitted that the fourth and fifth respondents have not played any role in the alleged kidnapping.

5. Considering the facts and circumstances of the case and also the fact that the detenue is willing to go along with her parents, we are inclined to close the habeas corpus petition, setting the detenue at liberty, to go along with her parents, as per her wish. Accordingly, the habeas corpus petition stands closed.

6. Since the detenue had been produced from the Home, viz., Mariyalaya Home, Tiruppur, the second respondent police is directed to take back the detenue to the Home to entrust her custody to her parents. The Secretary of the said Home shall handover the custody of the detenue to her parents, on production of a copy of this order and on proper identification.

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

To 1.The Superintendent of Police, The Office of the Superintendent of Police, Tirupur.

2.The Inspector of Police, Vellakovil Police station, Vellakovil.

3.The Public Prosecutor High Court, Madras.

+1CC Mr.N.Stalin, Advocate Sr.59020 H.C.P.No.1348/2016 ppa[co] srg 19/10/2016