N.Ramadevi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE H.C.P.No.1541 of 2017 N.Ramadevi .. Petitioner -vs1.The Commissioner of Police, E.V.K.Sampath Rd, Vepery, Periyamet, Chennai 600 007.

2.The Inspector of Police, V6 Police Station, Kolathur, Chennai 600 099.

3.Simon Jinny Chandran .. Respondents PRAYER: This Writ petition has been filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the Petitioner's daughter Miss N.Vanaja Lakshmi before this Hon'ble Court and set her at liberty.

For petitioner : Mr.K.Kulandaivelu For Respondents: Mrs.T.P.Savitha, Government Advocate (Crl.Side).

O R D E R

(Order of the Court was delivered by N.KIRUBAKARAN, J.) When the matter is called today, the detenue N.Vanaja lakshmi is produced before this Court. The victim who was a minor girl went with the 3rd respondent on 14.07.2014 and they have lived in various places especially in Rajasthan and Kerala.

2.The accused/3rd respondent and the victim visited the petitioner's house on 07.06.2019 and the petitioner and her husband informed the police and the accused has been arrested and produced the victim before this Court. The victim now aged about 19 years would submit that she wants to be with the parents and her parents are also agreed to take back their child. They have been advised not to abuse or harass the child because of the past conduct.

3.Further, the second wife of the accused viz., Mrs.C.Nirmala along with her mother is present before this Court. She would submit that she has been cheated by her husband/accused and he is in the habit of cheating many girls and she wants to see that the accused is not released to prevent him from enticing any other girl, woman or child 4.This Court also records the submission of Mrs.T.P.Savitha, learned Government Advocate (Crl.Side) that the accused has been arrested under Sections 366 A of IPC @ 366 A of IPC and under Section 6 of the POCSO Act. Since the victim has been produced and a case has also been registered, the police officials are directed to proceed with the investigation and file a charge sheet within a period of two months from the date of receipt of the copy of this order.

5.Further, taking into consideration that the accused is in the habit of enticing women, so far, totally five, it is appropriate for the police to investigate the matter and file a charge sheet at the earliest and conduct trial, so that no other children or women will be abused.

6.With these observations, this Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ay To 1.The Commissioner of Police, E.V.K.Sampath Rd, Vepery, Periyamet, Chennai 600 007.

2.The Inspector of Police, V6 Police Station, Kolathur, Chennai 600 099.

H.C.P.No.1541 of 2017 ad(co) nr 15/07/2019