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Madras High CourtHCP(MD)/950/2019disposed of

C. Karupayee v. The Commissioner Of Police

2019-10-15Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Monday, the Twenty Third day of September Two Thousand and Nineteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN AND The Hon`ble Mr.Justice N.ANAND VENKATESH C. Karupayee, W/o.Chitirai Selvam, 36B, Kaja Street, M.K.Puram, Madurai District. ... Petitioner/Appellant/Accused Vs 1 The Commissioner of Police, Madurai City, Madurai.

2 The Inspector of Police, Jaihindpuram Police Station, Madurai City.

(In Crime No.455 of 2019) 3 Karthigai Selvi, D/o.Jothi Kaja Street, M.K.Puram, Madurai District.

4 Kaleeswari, W/o.Vilvah, Kaja Street, M.K.Puram, Madurai District.

... Respondent/Respondent/Complainant Prayer :- to issue a Writ of Habeas Corpus nature of writ directing the 1st and 2nd respondents to produce the person or body of the detenu namely Manimegalai aged about 17 years daughter of Chitirai Selvam before this Honble Court and handover to the petitioner ORDER:- This Revision/Appeal Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru./Ms. Mr.C.Susikumar, Advocate for the Petitioner and of Thiru./Ms. Mr.K.Dinesh Babu Addl Public Prosecutor, Government Advocate for the respondents 1 and 2, this Court made the following order: Pursuant to the orders passed by this Court on 19.09.2019, the 1/3

second respondent police produced the detenue before this Court. 2.We personally enquired the detenue. Her name is Manimegalai and she is aged about 17 years. She stated that she came to know about one Naveen through the third and fourth respondents. She further stated that the third and fourth respondents lured her and made the detenue act according to their directions. It is only because of the third and fourth respondents, she went over to Chennai and was staying with Naveen for the last 25 days. She further stated that Naveen was arrested yesterday, ie., on 22.09.2019 and she was brought to the Home by the police. The detenue expressed her wish to go along with her mother. The mother of the detenue stated that she will take care of the detenue.

3. The learned Additional Public Prosecutor, on instructions, submitted that Naveen has been arrested and remanded to judicial custody on 22.09.2019. That apart, the medical examination of the detenue has also been completed and a requisition is being given to the learned Judicial Magistrate, to record the statement under Section 164 of the Code of Criminal Procedure. The learned Judicial Magistrate, No.IV, Madurai is directed to record the statement of the detenue under Section 164 Cr.P.C. on or before 26.09.2019.

4. Post this case on 15.10.2019 for passing further orders. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) TO

1. The Judicial Magistrate No.IV, Madurai.

2. The Commissioner of Police, Madurai City, Madurai.

3. The Inspector of Police, Jaihindpuram Police Station, Madurai City.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 2/3

Copy to:

The Section Officer, (2 Copies) Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 23/09/2019 NEXT HEARING DT.15/10/2019 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

JMN(24.09.2019) 3P : 7C 3/3