Madras High CourtHCP(MD)/1505/2016closed

P.Esakki Thangam v. The Superintendent Of Police

2016-11-24Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.11.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P(MD)No.1505 of 2016 P.ESAKKI THANGAM W/O. PAUL DURAI, NO.13/13, LAKSHMIPURAM, PANDARAVILAI, SRIVAIGUNDAM TALUK THOOTHUKUDI DISTRICT.

..Petitioner vs.

1 THE SUPERINTENDENT OF POLICE THOOTHUKUDI DISTRICT THOOTHUKUDI.

2 THE INSPECTOR OF POLICE ERAL POLICE STATION THOOTHUKUDI DISTRICT.

3 RAMA JEYAM S/O. MOOKANDI PULIYANAGAR THOOTHUKUDI DISTRICT.

..Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus directing the Respondents No.1 to 3 to produce the body of the detenue by name P.Siva Priya (Minor Female child aged 17 years) D/o. Paul Durai before this Honourable Court and hand over her custody to the petitioner.

For Petitioner :Mr.R.Anand For Respondents :Mr.A.Ramar for R1 & R2 Additional Public Prosecutor No appearance for R3

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the mother of one Sivapriya, who is aged hardly 16 years (mentioned as 17 years in the petition). According to the petitioner, Sivapriya (hereinafter referred to as 'the detenu'), was kidnapped by the third respondent. A case has been registered in Crime No.333/2016 under Section 366(A) IPC. Since the detenu was not secured, the petitioner is before this Court with this petition.

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2.Today, when the matter was taken up for hearing, the detenu was produced before this Court. She told that she was taken by the third respondent and sexually exploited.

3.The learned Additional Public Prosecutor would submit that the detenu has already been subjected to medical examination. He would further submit that the Inspector of Police is going to alter the case into one under POCSO Act. Therefore, we direct the respondent police to produce her before the Special Court under POCSO Act either 24.11.2016 or 25.11.2016 and the said Court shall pass necessary orders regarding the custody of the child. With the above direction, the Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1 THE SUPERINTENDENT OF POLICE THOOTHUKUDI DISTRICT, THOOTHUKUDI.

(By Fax) 2 THE INSPECTOR OF POLICE ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

(By Fax)

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

(Special Messenger) +1cc to M/s.R.Anand, Advocate in SR.72618 HCP.(MD)No.1505 of 2016 24.11.2016 rr.

PBK/SK-SKN/AR-II 24/11/2016 ::2P-5C:

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