P.K.Sundar, Aged 43 Years v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2016

CORAM:

The HON'BLE MR. JUSTICE M.JAICHANDREN and The HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.2208 of 2016 P.K.Sundar .. Petitioner/Defendant complainant Father of the detenue Vs.

1.The Superintendent of Police, Tamilnadu Police Department, Sathuvasari, Vellore District.

2.State rep. by, The Sub Inspector of Police, Arakonam Town Police Station, Vellore District.

.. Respondents/Respondents Prayer: Habeas Corpus 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 detenue Padmapriya @ Priya, aged about 16 years, bodily before this Court and restore her to the custody of the petitioner. For petitioner : Mr.K.Sudhakar For respondents : Mr.V.M.R.Rajentren, APP - - - -

ORDER

(Order of the Court was made by S.BASKARAN, 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.

The petitioner, who is the father of the detenue, namely, Padmapriya @ Priya, aged about 16 years, has come forward with this petition, seeking custody of the detenue, who was found missing from 13.8.2016.

Today, when the matter was taken up for hearing, the detenue, who is a minor, was produced before this Court. On enquiry, the detenue is willing to go along with her father. However, the father and the mother of the detenue, who are present in Court, were reluctant, initially, to take her back. Therefore, the matter was referred to the Tamil Nadu Mediation and Conciliation Centre, for mediation. After mediation, a report has been received from the Tamil Nadu Mediation and Conciliation Centre, wherein it has been stated that the petitioner is willing to take back the detenue along with him. The petitioner's wife also has expressed her willingness to take her daughter back along with them.

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, Padmapriya @ Priya, to go along with the petitioner, as per her wish. Accordingly, the detenue is permitted to go along with the petitioner. However, considering the circumstances, the second respondent police is directed to monitor and ensure the safety of the detenue, for a reasonable period of time. This Habeas Corpus Petition stands closed, with the above directions.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR To 1.The Superintendent of Police, Tamilnadu Police Department, Sathuvasari, Vellore District.

2.The Sub Inspector of Police, Arakonam Town Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

H.C.P. No.2208 of 2016 GR(CO) MMP 12.11.2016