S.Eagambaram, Aged 48 Years v. The Deputy Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2016

CORAM:

The HON'BLE MR. JUSTICE M.JAICHANDREN and The HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.2041 of 2016 and Crl.M.P.No.10528 of 2016 S.Eagambaram .. Petitioner Vs.

1.The Deputy Commissioner of Police, Pulianthope District, Otteri, Chennai-600 012.

2.The Inspector of Police, P-2 Otteri Police Station, Otteri, Chennai-600 012.

3.Prasanth .. 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 to produce the petitioner's minor daughter namely Saranya, aged 17 years, before the Court and set her at liberty forthwith.

For petitioner : Mr.K.Vivekanandhan For respondents : Mr.V.M.R.Rajentren, APP for RR1 and 2

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 and 2.

This Habeas Corpus Petition has been filed by the petitioner, who is the father of the detenue, namely, Saranya, aged about 17 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, Saranya, before this Court and set her at liberty, forthwith. The petitioner has stated that the detenue, namely, Saranya, has been missing from 25.8.2016. Therefore, the petitioner had preferred a complaint before the respondent police, on 27.8.2016. However, as no action had been taken by the respondent police to trace the minor daughter of the petitioner, namely, Saranya, the petitioner has preferred the present Habeas Corpus Petition, before this Court.

Today, when the matter had been listed for hearing, the Inspector of Police, P2, Otteri Police Station, the second respondent herein, had produced the detenue, namely, Saranya, before this Court. On enquiry, the detenue had stated that she is willing to go along with the petitioner, who is her father. The learned Additional Public Prosecutor had submitted that the detenue had been lodged in the Kellys Government Home, pursuant to an order passed by the learned Additional Mahila Court, Allikulam, Chennai.

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, Saranya, to go along with the petitioner, who is her father. The Kellys Government Home, Purasawakkam, Chennai, where the detenue is staying, at present, is directed to hand over the custody of the detenue, namely Saranya, to the petitioner, who is her father, on his furnishing necessary identification. This Habeas Corpus Petition stands closed, with the above directions. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

To 1.The Additional Mahila Judge, Allikulam, Chennai.

2.The Deputy Commissioner of Police, Pulianthope District, Otteri, Chennai-600 012.

3.The Inspector of Police, P-2 Otteri Police Station, Otteri, Chennai-600 012.

4.The Officer incharge, Kelly Government Home, Purasawakkam, Chennai.

5.The Public Prosecutor, High Court, Madras-104.

H.C.P. No.2041 of 2016 msm[co] srg 05/10/2016