R.Mallika, Age/42 v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.NO.2204 OF 2016 R.Mallika ..

Petitioner Vs.

1.The Commissioner Directorate of Social Defense Office No.300, Purasaiwakkam High Road, Purasaiwakkam, Chennai - 600 010.

2.The Superintendent Directorate of Social Defense No.300, Purasaiwakkam High Road, Purasaiwakkam, Chennai - 600 010.

3.Probation Officer Government Observation Home No.34, East Bauleward Road, Trichy - 620 002.

4.The Commissioner Greater Chennai Police Commissioner's Office Veppery, Chennai - 7.

5.The Commissioner Commissioner's Office No.30, Race Course Saalai, Gajamalai, Trichy - 620 023.

..

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the respondents to produce the detenue R.Meena, D/o. Rameshkumar, aged about 11 years, before this Court and to set her at liberty and to direct the respondents to surrender the custody of minor girl child namely Meena to her parents namely Rameshkumar and R.Mallika.

For Petitioner :

Mr.V.Vinothkumar For Respondents : Mr.V.M.R.Rajentren Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.BASKARAN, J.] This Habeas Corpus Petition has been filed by the mother of the detenue R.Meena, D/o. Rameshkumar, aged about 11 years, praying for a direction to the respondents to produce the detenue before this Court and to set her at liberty and to direct the respondents to surrender the custody of minor girl child namely Meena to her parents namely Rameshkumar and R.Mallika.

2. Heard the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent State.

3. The detenue R.Meena is produced before this Court by the second respondent. The petitioner herein, who is the mother of the detenue is also present.

4. On enquiry, it is found that the detenue had gone missing from her residence at Mayiladuthurai and was secured at Trichy by the second respondent. Now, the minor detenue is willing to go along with her mother, the petitioner herein. The petitioner is also employed at Ananthathandapuram Village, Mayiladuthurai Taluk and she is having means to sustain the minor detenue.

5. Since the petitioner expressed her desire to take the minor daughter along with her and in the circumstances stated by her and as the detenue is also willing to go along with her mother, the detenue R.Meena is permitted to go along with her mother, the petitioner herein, and the second respondent is directed to hand over the detenue to the petitioner, on proper identification of the petitioner.

6. The Hebeas Corpus Petition is ordered accordingly. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar TK

To 1.The Commissioner Directorate of Social Defense Office No.300, Purasaiwakkam High Road, Purasaiwakkam, Chennai - 600 010.

2.The Superintendent Directorate of Social Defense No.300, Purasaiwakkam High Road, Purasaiwakkam, Chennai - 600 010.

3.Probation Officer Government Observation Home No.34, East Bauleward Road, Trichy - 620 002.

4.The Commissioner Greater Chennai Police Commissioner's Office Veppery, Chennai - 7.

5.The Commissioner Commissioner's Office No.30, Race Course Saalai, Gajamalai, Trichy - 620 023.

6.The Public Prosecutor High Court of Madras Chennai.

1 cc to Mr.V. Vinothkumar, Advocate, Sr. 60824 H.C.P.NO.2204 OF 2016 AK (CO) kk 26/10