Chitra v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Chitra ... Petitioner -vs1.The Commissioner of Police Madurai Corporation City Limit Madurai Madurai District.

2.The Assistant Commissioner of Police Madurai Corporation City Limit (Law and Order) Thallakulam, Madurai Madurai District.

3.The State rep.by The Inspector of Police (Law and Order) All Women Police Station Madurai Madurai District.

4.The Correspondent Santhome Home Nursing Service No.9, Sarojini Street Chinna Chokkikulam Tallakulam, Madurai Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the 2nd and 3rd respondents herein to produce the body or person of detenue viz.Swetha, daughter of Balamurugan, aged about 17 years, before this Court and set her at liberty on the basis of the petitioner complaint dated 02.02.2021 in Crime No.8 of 2021, registered by the third respondent.

For Petitioner :

Mr.Kannan.G.

For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 to R3

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents 2 and 3 to produce her daughter, namely, Swetha, aged about 17 years, before this Court and set her at liberty.

2.

The petitioner would state that she married one Balamurugan and through whom, she delivered three children and the detenue herein is one among them and she was studying Nursing Course in the fourth respondent - College and found missing from 31.01.2021.

3. Mr.K.Dinesh Babu, learned Additional Public Prosecutor would state that the detenue is 16 years old girl and she eloped with one Sevugaperumal @ Ajith and based on the complaint lodged by the petitioner, a case was registered in Crime No.8 of 2021 under "Girl Missing" and after securing the detenue, the case was altered into under Sections 5(l) and 6 of POCSO Act and the accused was remanded to the judicial custody on 10.02.2021 by the Special Court for POCSO Act Cases, Madurai.

4. Today, when the matter is taken up for hearing, the detenue along with her mother / petitioner herein appeared before this Court through Video Conferencing from the Office of the Public Prosecutor. On enquiry, the detenue would state that she is willing to go with her mother / petitioner herein, who has also accepted the same.

5. In the light of the above submission of the detenue, the habeas corpus petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS)

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The Commissioner of Police, Madurai Corporation City Limit, Madurai, Madurai District.

2.The Assistant Commissioner of Police, Madurai Corporation City Limit, (Law and Order), Thallakulam, Madurai, Madurai District.

3.The Inspector of Police, (Law and Order), All Women Police Station, Madurai, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.K.PANDIYARAJAN, Advocate ( SR-5002[F] dated 15/02/2021 ) 12.02.2021 KV(24.02.2021) 3P 6C