T.Vijayarajan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR T.Vijayarajan ... Petitioner/ Father of the Detenu -vs1.The Commissioner of Police, O/o.Commissioner of Police, 2.The Inspector of Police, Fort Police Station, Trichy City, (Crime No.620 of 2022) 3.The Inspector of Police, All Women Police Station-Fort, 4.The Chairman, Child Welfare Committee, 5.The Director, TMSSS, Reception Unit for Children, No.39, V.N.Nagar, Karur Bypass Road, Near Chathiram Bus Stand, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, to direct the respondents to produce the body or person of petitioner's daughter, namely, Sivasakthi D/o.Vijayarajan, aged about 16 years before this Court and hand over the custody from the 5th respondent to the petitioner. For Petitioner :

Mr.R.Venkatesan For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor 1/3

O R D E R

R.SUBRAMANIAN,J AND N.SATHISH KUMAR,J The petitioner seeks production of the person of his daughter Sivasakthi, aged about 16 years. According to the petitioner, she went missing on 18.04.2022. Complaining the inaction on the part of the police, the petitioner has come up with the habeas corpus petition.

2.Mr.T.Senthil Kumar, learned Additional Public Prosecutor, would, upon instructions, submit that the daughter of the petitioner eloped with another person and they have been secured and while other person, with whom she had eloped, has been remanded. The daughter of the petitioner being a minor was sent to the fifth respondent Home since the parents were not willing to take her home. It is now stated that the detenue will be produced before the Child Welfare Committee today at 04.00 p.m., after completion of the medical examination. The parents are directed to be present at 04.00 p.m., before the Chairman, Child Welfare Committee, Trichy City, today. The learned Additional Public Prosecutor would further submit that the parents also need counselling and such counselling would be offered to them by the Child Welfare Committee.

3. Recording the statement made by the learned Additional Public Prosecutor, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) am To:

1.The Commissioner of Police, 2.The Inspector of Police, Fort Police Station, 2/3

3.The Inspector of Police, All Women Police Station-Fort, 4.The Chairman, Child Welfare Committee, 5.The Director, TMSSS, Reception Unit for Children, No.39, V.N.Nagar, Karur Bypass Road, Near Chathiram Bus Stand, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER MADE IN 28.04.2022 SRK(CO) GC(20.05.2022) 3P 7C 3/3