Veerapathiran v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.12.2021
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No.1795 of 2021 Veerapathiran ... Petitioner Vs.
1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.
2.The Inspector of Police, Brammadesam Police Station, Thiruvannamalai District.
3.Ganapathi.
... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the respondents 1 & 2 herein to produce the body or person of the petitioner's daughter by name "Amsavalli" aged about 17 years before this Hon'ble Court from the illegal custody of the 3rd respondent and hand over to the petitioner.
For Petitioner : Mr.S.Balakrishnan For R1 and R2 : Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by P.N.PRAKASH, J.] This Habeas Corpus Petition has been filed seeking a direction to the respondents 1 & 2 herein to produce the body or person of the petitioner's daughter by name "Amsavalli" aged about 17 years before this Hon'ble Court from the illegal custody of the 3rd respondent and hand over her to the petitioner.
2.On 10.11.2021, we passed the following order: "It is the case of the petitioner that his daughter Amsavalli, aged about 17 years, went missing from 10.10.2021 and that the police are not taking effective steps to secure her.
2. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Thiruvannamalai Police Station Crime No.277 of 2021 was registered on 18.10.2021 under Section 366-A IPC against one Ganapathi and investigation is in progress.
3. In such view of the matter, this Court issues a direction to the Deputy Superintendent of Police, Cheyyar Sub-Division, to supervise the investigation in Thiruvannamalai Police Station Crime No.277 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Amsavalli, aged about 17 years, is secured, she shall be produced before the Judicial Magistrate Court, Cheyyar, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.
Post the matter on 08.12.2021".
3.Today, Mr.S.Vijayakumar, Sub Inspector of Police, Brammadesam Police Station, Thiruvannamalai District, is present. 4.The learned counsel for the petitioner and learned Additional Public Prosecutor submitted that, Amsavalli was secured by the police on 15.11.2021 and she was produced before the learned Judicial Magistrate, Cheyyar, on the same day and thereafter, she was produced before the Child Welfare Committee, Thiruvannamalai. On the orders of the Child Welfare Committee, Thiruvannamalai, she has now been lodged in District Children Home, Thiruvannamalai.
5.In view of the above, this Habeas Corpus Petition stands closed.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR
mtl To 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.
2.The Inspector of Police, Brammadesam Police Station, Thiruvannamalai District.
3.The Public Prosecutor High Court, Madras.
+1cc to Mr.R.Balakrishnan, Advocate Sr.65582 H.C.P.No.1795 of 2021 kv[co] srg 16/12/2021