Sundaraj, S/O.Paramasivam v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2019
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Sundaraj ... Petitioner Vs.
1.Deleted.
2.Deleted.
[R.1 & R.2 are deleted as per the order of this Court dated 21.10.2019 made in H.C.P(MD) No.1095 of 2019.] 3.The Inspector of Police, Koomapatti Police Station, Virudhunagar District.
4.The Inspector of Police, Velapalaiyam Police Station, Tiruppur District.
5.Muthu 6.Dharmar ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus to direct the respondents to produce the body and person of the detenue, by name, Muneeshwari, daughter of Sundaraj, aged 15 yerars, before this Court and hand over the custody of the detenue to the petitioner. For Petitioner : Dr.R.Alagumani For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor for R.3 & R.4 * * * * *
ORDER
S.VAIDYANATHAN,J.
AND N.ANAND VENKATESH,J.
The detenue - Muneeshwari was produced before us. We examined the detenue and she stated that her date of birth was 27.11.2003 and that she has a love affair with the fifth respondent, who is aged 1/3
about 23 years. She further stated that earlier, a complaint was given before Koomapatti Police Station, Virudhunagar District on the ground that she went along with the fifth respondent. The concerned police enquired the parties and based on the statement given by the detenue, closed the case in C.S.R.No.221 of 2019. The detenue was sent along with her parents. Thereafter, again on 25.09.2019, the detenue went along with the fifth respondent and the petitioner, who is the father of the detenue, gave a complaint to the fourth respondent police. Based on the complaint, an F.I.R., came to be registered in Cr.No.454 of 2019 as 'Girl Missing' and it was altered to an offence under Section 366-A I.P.C., on 27.09.2019.
2. The detenue stated that she has discontinued her studies and that she wants to continue with her studies and go along with her parents.
3. The parents of the detenue were also before us. They stated that there are two more children who are younger to the detenue. They further undertook before this Court that they will not force the detenue to marry anyone and that they will support the detenue to pursue her education.
4. The learned Additional Public Prosecutor appearing for the respondents 3 and 4, on instructions, submitted that the fifth respondent has been arrested and remanded to judicial custody on 23.10.2019. The F.I.R., has been altered by adding the relevant offences under the POCSO Act. The learned Additional Public Prosecutor appearing for the respondents 3 and 4 further submitted that the medical examination has been completed and the detenue will be produced before the concerned Court for recording the statement under Section 164 Cr.P.C.
5. Taking into consideration the statements made by the parties and also the submissions made on either side, this Habeas Corpus Petition is disposed of, with a direction to the fourth respondent police to produce the detenue before the Mahila Court, Tiruppur, on 04.11.2019 and her statement under Section 164 Cr.P.C., shall be recorded on the same day. The fourth respondent police is further directed to proceed further with the investigation and complete the same as expeditiously as possible and file a final report before the concerned jurisdictional Court. Sd/- Assistant Registrar(AD-I) // True Copy // Sub Assistant Registrar(CS) rsb 2/3
To 1.The Inspector of Police, Koomapatti Police Station, Virudhunagar District.
2.The Inspector of Police, Velapalaiyam Police Station, Tiruppur District.
3.The Mahila Court, Tiruppur.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC TO MR.R.ALAGUMANI, Advocate Sr. No. 94981 30.10.2019 KMK(CO) TR(30.10.2019) 3P 6C 3/3