Ayyasamy v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.05.2023

CORAM:

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI H.C.P.No.613 of 2023 Ayyasamy ... Petitioner/father of the detenu Vs 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, C-4, Thilagar Thidal Police Station(L & O), Madurai.

3.Vignesh Vishva ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents to produce person or body of the detenue namely Dharshinipriya, aged 15 years, daughter of Ayyasamy before this Hon'ble Court and hand over custody to the petitioner. For Petitioner :Mr.M.Arunmurugan For R-1 & R-2 :Mr.S.Ravi, Additional Public Prosecutor

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Mr.Ayyasamy, S/o.Subramanian, a resident of Venkitasamy Naidy Agraharam, Simmakl, Madurai, has come to this Court with this petition, for issuance of a Writ of Habeas Corpus, under Article 226 of the Constitution of India, to direct the respondent police to produce his daughter by name Dharshinipriya, aged about 15 years old, before this Court and hand over the custody to the petitioner.

2. When the matter is taken up for hearing today, learned Additional Public Prosecutor, would submit that the detenue has been secured and a case was registered for girl missing against the third respondent and he has also submitted that action will be taken to alter the offence under the provisions of the Protection of Children From Sexual Offences Act, 2012.

3. The detenue is produced before us. We had a brief conversation with the petitioner/father, mother of the detenue, who is a police constable and the detenue. The detenue expressed her willingness to go with her parents.

4. Recording the production of the detenue and her consent to go with her parents, this Habeas Corpus petition stands closed. (T.R., ACJ.) (L.V.G., J.) 17.05.2023 Index :Yes/No NCC :Yes/No pm To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, C-4, Thilagar Thidal Police Station(L & O), Madurai.

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

T.RAJA, ACJ.

and L.VICTORIA GOWRI, J.

PM 17.05.2023