Shanthi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Shanthi .. Petitioner Vs.

1.The Superintendent of Police Thiruvannamalai District 2.The Inspector of Police Melchengam Police Station Thiruvannamalai District Crime No.215 of 2022 3.S.Gunasekaran .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records in Crime No.215 of 2022 dated 05.08.2022 and direct the 2nd respondent herein to produce my daughter named Kanchana, who is in illegal custody of the 3rd respondent herein, by person or body and hand over to the petitioner. 1/4

For Petitioner Mr.S.Silambu Selvan For R1 and R2 Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

(Made by P.N.PRAKASH, J.) On 28.11.2022, we passed the following order : "It is the case of the petitioner that her daughter Kanchana, aged about 17 years, went missing from 30.07.2022 and that she is in illegal custody of Gunasekaran, third respondent herein, who is none other than the son-in-law of the petitioner and elder brother-in-law of Kanchana.

2. Today, G.Dharuman (Mobile No.82489 35473), SubInspector of Police, Melchengam Police Station, Tiruvannamalai District, is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Melchengam Police Station Crime No.215 of 2022 has been registered for 'girl missing' on 05.08.2022 and during the course of investigation, it came to light that Gunasekaran/R3 has taken away Kanchana.

4. In such view of the matter, this Court issues a direction to the Deputy Superintendent of Police, Chengam Sub-Division, Tiruvannamalai District, to supervise the investigation in Crime No.215 of 2022 that is being conducted by the Inspector of Police, Melchengam Police Station and keep the petitioner informed of the developments, if any. As and when the detenue viz., Kanchana, aged about 17 years, is secured, she shall be produced before the Judicial Magistrate Court, Chengam, Tiruvannamalai District, under 2/4

intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to the custody in accordance with law.

Post the matter on 19.12.2022."

2. Today, Mr.K.Vediyappan, Grade-I PC-1909, Melchengam Police Station, is present before this Court.

3. On instructions, the learned Additional Public Prosecutor submitted that Kanchana, aged 17 years, was secured by the police on 14.12.2022 and was produced before the Child Welfare Committee, Tiruvannamalai, since the learned Judicial Magistrate, Chengam, was on leave and on the orders of the Child Welfare Committee, she is now kept in Reception Home for Girls, Tiruvannamalai. The detenu will be produced before the Judicial Magistrate, Chengam, today (i.e., 19.12.2022). The learned counsel for the petitioner also admitted the said fact.

Recording the above submission of the learned Additional Public Prosecutor, this habeas corpus petition stands closed. [P.N.P., J.] [N.A.V., J.] gya 19.12.2022 3/4

P.N.PRAKASH, J.

AND N.ANAND VENKATESH, J.

gya To 1.The Judicial Magistrate Chengam 2.The Chairperson/Member Child Welfare Committee Opposite Singatheertham Chengam Road Annai Sathya Government Home Campus Tiruvannamalai 606 603 3.The Superintendent of Police Thiruvannamalai District 4.The Inspector of Police Melchengam Police Station Thiruvannamalai District Crime No.215 of 2022 5.The Public Prosecutor Madras High Court Chennai 19.12.2022 4/4