Madras High CourtHCP(MD)/980/2016closed

S.Mahendran, v. The Superintendent Of Police,

2016-08-18Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS Habeas Corpus Petition (MD).No.980 of 2016 S.Mahendran .. Petitioner vs.

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

2.The Inspector of Police, Theni Police Station, Theni.

.. 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 person or body of the detenue, the petitioner's minor daughter, namely Jeevitha, D/o.Mahendran, aged 16 years, before this Court and hand over the custody to the petitioner.

For petitioner : Mr.R.Satish For respondents : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor

ORDER

(Order of the Court was made by K.K.SASIDHARAN,J) The second respondent produced the detenue before us. The detenue informed us that she was forcibly taken by one Suriya Prakash and made to marry him against her wishes. The police secured and produce her before this Court.

2. The learned Additional Public Prosecutor on instructions from the Inspector of Police, Theni Police Station, Theni, who is present in Court, submitted that the police registered a case against Suriya Prakash under Section 366(A) IPC and Section 6 of Protection of Children from Sexual Offences Act 2012. The accused was arrested and he was remanded by the jurisdictional Magistrate.

3. The detenue wanted to go with the petitioner, who is present in Court. The custody of the detenue is given to the petitioner, who is none other than her biological father. https://hcservices.ecourts.gov.in/hcservices/

4. The Habeas Corpus Petition is closed with the above observation.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Theni Police Station, Theni.

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

Jikr CSL/KBM/29.08.2016: 2P/4C Habeas Corpus Petition (MD).No.980 of 2016 18.08.2016 https://hcservices.ecourts.gov.in/hcservices/