Vanitha v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2019 CORAM:HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.425 of 2019 Vanitha ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Sellur Police Station, Madurai City, Madurai.

3.Sundar 4.Karuppasamy 5.Uma ...

Respondents Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the Respondents 1 and 2 to produce the detenu or her corpus namely Swathy, D/o. Uthayakumar, Female, aged about 15 years before this Hon'ble Court and handover the custody to the petitioner forthwith.

For Petitioner : Mr.L.Sivakumar For Respondents 1 & 2 : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.SATHYANARAYANAN, J.) This Court in continuation and conjuncture of the earlier order dated 12.06.2019, is passing the following order: 2.It is brought to the knowledge of this Court that the third respondent is also having antecedents for having involved in Crime No.498 of 2018 for the commission of offence under Section 392 I.P.C. registered by Alanganallur Police Station and Crime No.1038 of 2018 for the commission of offences under Sections 392 and 397 I.P.C. registered by Tallakulam Police Station. The detenue, who is a minor aged 15 years (D.O.B. 06.12.2003), has eloped with him for nearly 30 days. The detenue has been produced before this Court and https://hcservices.ecourts.gov.in/hcservices/

she has expressed her willingness to go along with her mother, who is also present before this Court.

3.Mr.K.Dinesh Babu, learned Additional Public Prosecutor, appearing for the State on instructions would submit that initially a case in Crime No.474 of 2019 has been registered for girl missing by the 2nd respondent and subsequently it was altered for the commission of offence under Section 366-A I.P.C. and further alteration of F.I.R. would be made depending upon the result of the medical examination of the minor detenue.

4.Now the detenue has been traced and her custody is handed over to her mother. In the light of the subsequent developments, nothing remains for adjudication in this Habeas Corpus Petition. Therefore, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Sellur Police Station, Madurai City, Madurai.

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

+1 CC to Mr.L.SIVA KUMAR, Advocate SR-69896.

H.C.P(MD)No.425 of 2019 19.06.2019 CS: (05/07/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/