Dhanalakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Dhanalakshmi ... Petitioner -vsState rep.by 1.The Superintendent of Police Dindigul District, Dindigul 2.The Inspector of Police Batlagundu Police Station Dindigul District 3.Mahendran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to produce the person or body of the detenue namely Dhivya aged 16 years, daughter of Ganesh, before this Court and handover her custody to the petitioner.

For Petitioner :

Mr.S.Muniyandi For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor for R1 & R2

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2.

2. Issuance of notice to the third respondent is dispensed with.

3. The petitioner's minor granddaughter appears to have eloped for the third time with the third respondent herein.

4. It is stated by the learned Additional Public Prosecutor that already a case under the Protection of Children from Sexual Offences Act, 2012 was registered against the third respondent herein and it is presently pending trial in Special Case No.56 of 2022, on the file of Mahila Court, Dindigul. It is further stated that non-bailable warrant has been issued against the third respondent herein.

5. The second respondent is directed to take emergent steps for cancelling the bail granted to the third respondent. The second respondent is also directed to secure the victim girl as expeditiously as possible and produce her before the learned Trial Judge, who will pass appropriate order after due enquiry.

6. With the above direction to the second respondent, this habeas corpus petition is disposed of.

[G.R.S., J.] [S.S.Y., J.] 10.05.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

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

2.The Inspector of Police, Batlagundu Police Station, Dindigul District.

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

G.R.SWAMINATHAN , J.

and S.SRIMATHY , J.

krk

10.05.2023