P.Jayamoorthy v. The Superintendent Of Police
In the High Court of Judicature at Madras Dated: 20.01.2016 Coram The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH Habeas Corpus Petition No.83 of 2016 P.Jayamoorthy ....Petitioner/Father of the detenue Vs.
1.The Superintendent of Police (South) Mettupalayam, Puducherry.
2.The Inspector of Police D-Nagar Police Station, Puducherry.
3.V.Sivaraj
4. K.S.P.Ramesh ....Respondents PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to produce the body of the detenue J.Jayabarathy aged 17 years and set her at liberty.
For Petitioner : Mr.Stalin Abhimanyu For R1 and R2 : Mr.Bala Murugane Addl. Public Prosecutor [Pondy]
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 to produce the body of the detenue J.Jayabarathy, aged about 17 years before this Court and set her at liberty.
2. It is the case of the petitioner that his daughter Jayabharathi went missing from School on 15.01.2016, in connection with which, a case in Cr.No.12 of 2016 has been registered for an offence under Section 363 IPC and that since the police were not taking effective steps to secure the victim girl, this Habeas Corpus Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/
3. When the matter came up for admission, we directed the superior Police Officers of Union Territory of Puducherry to immediately swing into action and take necessary action to produce the victim girl before this Court. In compliance of the same, Mr.L.V.Senthil Kumar, Inspector of Police, D'Nagar Circle, Puducherry, secured the victim girl and produced her before us. The parents of the victim girl are also present before us. We are informed by the learned Additional Public Prosecutor that the accused in this case has been apprehended and steps are being taken for producing him before the appropriate Court and also for filing an Alteration Report including offences under the provisions of POCSO Act.
4. We place on record our appreciation with regard to the prompt action taken by Mr.L.V.Senthil Kumar, Inspector of Police, D'Nagar Circle, Puducherry to secure the victim girl and also the Inspector General of Police and the Superintendent of Police who were monitoring this case. The girl expressed her willingness to go with her parents and hence, the custody of the victim girl has been handed over to her parents. Accordingly, this Habeas Corpus Petition is closed with a direction to the respondent police to proceed with the investigation in accordance with law.
gms Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police (South) Mettupalayam, Puducherry.
2.The Inspector of Police D-Nagar Police Station Puducherry.
3.The Public Prosecutor, High Court, Madras.
+ 1 cc to Mr.Stalin Abhimanyu, Advocate Sr 3220/16 +1 cc to Government Pleader cum PP for Puducherry,SR.3254(4/5/16) KR/20/1/16 H.C.P.No.83 of 2016 https://hcservices.ecourts.gov.in/hcservices/