S.Selvi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE 21.03.2016

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN HCP.No.446/2016 S.Selvi ... Petitioner/Mother of the Detenue

Versus

1. The Superintendent of Police Villupuram District.

2. The Inspector of Police Kachirapalayam Police Station Villupuram District.

3. Marikannu

4. Chinnapillai

5. Sitthai ..

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the person and body of petitioner's minor daughter Abirami, aged about 16 years before this Court and hand over her custody to the petitioner herein and set the detenue at liberty forthwith. For Petitioner :

Mr.P.Vajravelu For RR 1 & 2 :

Mr.V.M.R.Rajentran Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] The detenue Abirami is the minor daughter of the petitioner. She was born on 26.10.1999 and at present, studying +2 course. The petitioner has lodged a complaint on the file of Kachirapalayam Police Station on 19.02.2016, stating among other things, that the first accused, viz., Marikannu, has kidnapped her and also prayed for appropriate action against him and as against others, based on which, a case in crime No.42/2016 was registered on the same day for the alleged commission of the offence u/s.366-A IPC.

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This court has ordered notice to the learned Additional Public Prosecutor for production of the detenue and accordingly, the detenue was produced before this Court and on enquiry, she has stated that out of her own volition, she left her parental home with her relative and married him.

Learned Additional Public Prosecutor would submit that the detenue was secured and produced before the learned Judicial Magistrate, Kallakurichi, who asked the detenue to be confined at Home for the reason that the Habeas Corpus Petition is pending.

In the light of the above facts and circumstances, the Habeas Corpus Petition is disposed of and the respondent police, viz., the 2nd respondent herein, is directed to produce the detenue before the Court of Judicial Magistrate, Kallakurichi, who shall pass orders in accordance with law, as to the custody of the detenue Abirami.

AP s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate, Kallakurichi.

2. The Chief Judicial Magistrate, Kallakurichi (for information)

3. The Superintendent of Police Villupuram District.

4. The Inspector of Police Kachirapalayam Police Station Villupuram District.

5. The Public Prosecutor, High Court, Chennai.

ctk(co) prk21/3 HCP.No.446/2016 https://hcservices.ecourts.gov.in/hcservices/