Madras High CourtHCP(MD)/1431/2016closed

Radha v. The Superintendent Of Police,

2016-11-11Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.[MD].No.1431 of 2016 Radha : Petitioner Vs.

1.The State rep. by the Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

: Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenu namely Aspiya D/o.Radha, aged about 16 years and consequently hand over the custody of the detenu to the petitioner herein.

For Petitioner : Mr.N.S.Ramakrishnadass For respondents 1 & 2 : Mr.A.Ramar, Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner is the mother of one Aspiya, aged 16 years. According to the petitioner, the detenu has been found missing from 18.10.2016. In this regard, a case has been registered in Crime No.871 of 2016 on the complaint made by the petitioner. Since the girl was not secured, the petitioner has come up with this Habeas Corpus petition.

2. Today, when this petition came up for hearing, the second respondent produced the detenu. Admittedly, she is a child in terms of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act"). The investigation, according to the second respondent, has revealed that the detenu was kidnapped by one Subash, who is aged 36 years and a married man, and that he has committed offence under the provisions of https://hcservices.ecourts.gov.in/hcservices/

POCSO Act. Therefore, Mr.Subash was arrested and remanded to judicial custody. So far as the detenu is concerned, it is brought to our notice that the Special Court under POCSO Act already entrusted the custody of the detenu to the petitioner viz., the mother. Therefore, no further order is required in this matter. This Habeas Corpus Petition is, accordingly, closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

gcg RL/4C/2P/KM/28.11.2016 Order made in H.C.P.[MD].No.1431 of 2016 Dated: 11.11.2016 https://hcservices.ecourts.gov.in/hcservices/