Kottaichamy, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.254 of 2017 Kottaichamy : Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Oddanchatram Police Station, Dindigul Taluk, Dindigul District.

3.Bose 4.Jeyachandran 5.Chinnammal 6.Raman 7.Vimala 8.Sekar : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first and second respondents to produce the body or person of the detenue namely K.Devika, D/o.Kottaichamy, aged about 16 years before this Court and handover the custody to the petitioner. For Petitioner : Mr.D.Selvaraj For Respondents 1&2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] Seeking production of the detenue viz., K.Devika, D/o.Kottaichamy, aged about 16 years, the petitioner, who is the father of the detenue, has filed the present Habeas Corpus Petition, stating that the detenue was found missing from 13.02.2017 onwards and suspecting the respondents 3 to 8 herein, he has lodged a compliant before the second respondent and the same was registered in Crime No.48 of 2017 for an offence under Section 366(A) IPC. However, no effective steps were taken to trace out the detenue so far. Hence, the petitioner has come up with the present petition.

https://hcservices.ecourts.gov.in/hcservices/

2. Today when the matter was taken up for consideration, the second respondent produced the detenue before this Court. When we

enquired the detenue, she told us that since the petitioner is arranging for her marriage, she left the house on her own accord. In this regard, we have also enquired the petitioner, who appeared in person before this Court. On our enquiry, he denied the said averment and stated that he is interested in her daughter to study further. Now, the detenue expressed her willingness to go along with the petitioner.

3. In view of the above said submission made by the detenue, we close the Habeas Corpus Petition leaving the custody of the detenue to the petitioner, who is none other than her father. Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Oddanchatram Police Station, Dindigul Taluk, Dindigul District.

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

+1 cc to M/R.D.Selva Raj, Advocate, SR.No:10180 sml sva/cm/14.03.2017/2p/5c Order made in H.C.P.[MD].No.254 of 2017 Dated: 22.02.2017 https://hcservices.ecourts.gov.in/hcservices/