K.Nallammal v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.2465 of 2018 K.Nallammal W/o.Late Karuppaiya ..
Petitioner Vs 1.The State represented by The Inspector of Police, Thuraipakkam Police Station, Thuraipakkam, Chennai.
Crime No.1603/2018 2.K.Selvamani S/o.Karuppaiya ..
Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the first respondent herein to produce the body of the petitioner's daughter namely K.Kalaimani (female aged about 17 years) before this Court and hand over to the petitioner.
For Petitioner :
Mr.N.Elumalai For Respondents:
Mr.C.Iyyappa Raj, Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SATHYANARAYANAN, J] The petitioner is the mother of the detenue namely K.Kalaimani, who was aged 17 years (15.01.2001) and according to her, she is her elder daughter and she has also completed her higher education in the year 2018. The husband of the petitioner died on 20.09.2018 and she is taking care of the family consisting of the detenue and two other daughters. It is the specific case of the petitioner that on an earlier occasion when the second respondent tried to molest the detenue,
petitioner's sister informed to All Women Police Station, Thirumaiyam and subsequently, on 03.10.2018, petitioner lodged a complaint alleging that her daughter went out on 03.10.2018 and she did not return and she suspects that she would have went with the second respondent.
2.The learned counsel for the petitioner would submit that the petitioner, being the mother, is more concerned about the welfare and well-being of her daughter, who was aged 17 years and since no effective steps have been taken by police despite registration of First Information Report in Crime No.1603 of 2018, the petitioner is constrained to approach this Court by filing this Habeas Corpus Petition.
3. Per contra, learned Additional Public Prosecutor appearing for first respondent would submit that the detenue had eloped thrice with the second respondent and every time she was traced and handed over to the petitioner and once again, she went with the second respondent and based on the complaint of the petitioner, the above cited case was registered and all efforts have been taken to trace the detenue and as and when she is traced, she will be produced before the jurisdictional Magistrate for passing appropriate orders.
4. This Court has carefully considered the rival submissions and perused the materials placed before it.
5. Now the detenue has attained the age of major and from the submissions of learned Additional Public Prosecutor, it appears that the detenue eloped with the second respondent thrice and on every occasion, she was traced and handed over to the petitioner. Despite that, the detenue appears to have been eloped with the second respondent again.
6. In the light of the above facts and circumstances, the first respondent is directed to conduct a fair, proper and impartial investigation in respect of the case in Crime No.1603 of 2018 and take all out efforts to trace the detenue/daughter of the petitioner and as and when the detenue is traced, she shall be produced before learned Judicial Magistrate, Alandur, for passing appropriate orders as to her custody. The Habeas Corpus Petition is closed with the above observation.
Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar gm
To 1.The Judicial Magistrate, Judicial Magistrate Court, Alandur.
2.The Inspector of Police, Thuraipakkam Police Station, Thuraipakkam, Chennai.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr. N.Elumalai, Advocate, S.R.No. 17367 H.C.P.No.2465 of 2018 RSV(CO) GN(25/03/2019)