Tamilvanan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Tamilvanan

...Petitioner

Vs.

1.The Superintendent of Police, Thanajvur District.

2.The Inspector of Police, Vallam Police Station, 3.Mohanraj 4.Amutha 5.Ramesh 6.Arivazhagan 7.Moorthy ....Respondents PRAYER: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus,directing the second respondent to secure the detenu and produce the body of the detenu namely Meera Jasmine, daughter of Tamilvanan before this Court, illegally detained by the respondents 3 to 7 and hand over the custody of the detenu to the Petitioner forthwith.

For Petitioner :Mr.P.Vadivel For Respondents : Mr.K.Dinesh Babu 1 and 2 Addl. Public Prosecutor

O R D E R

S.VAIDYANATHAN, J.

AND N.ANAND VENKATESH, J.

This Habeas Corpus Petition is directed against the second respondent to secure the detenu and produce the body of the detenu 1/3

namely, Meera Jasmine, daughter of Tamilvanan before this Court, illegally detained by the respondents 3 to 7 and hand over the custody of the detenu to the Petitioner forthwith. 2.The learned Additional Public Prosecutor, on instructions, submitted that the detenu, who is aged about 16 years, had a love affair with the third respondent. Both of them eloped and a complaint was given by the Petitioner. The respondent Police registered an FIR in Crime No.239 of 2019, for an offence under Section 366(A) of IPC on 12.9.2019. In the course of investigation, the detenu and the third respondent were secured and they were produced before the Judicial Magistrate No.II, Thanajvur. The First Information Report has been altered by adding appropriate offence under the POCSO Act and the third respondent was remanded to judicial custody.

3.When the Judicial Magistrate No.II, Thanjavur directed the detenu to join with her parents, she refused and therefore she has been sent to Yagappa Home for Women, Arulanandhammal Nagar 7th Cross Street, Yagappa Nagar, Thanjavur District.

4.In view of the above development, no further orders can be passed by this Court in this Habeas Corpus Petition. The learned Judicial Magistrate No.II, Thanjavur shall pass appropriate orders with regard to the minor detenu, in accordance with law. 5.This Habeas Corpus Petition is disposed of accordingly. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) vsn To 1.The Judicial Magistrate No.II, Thanajvur.

2.The Superintendent of Police, Thanajvur District.

3.The Inspector of Police, Vallam Police Station, 2/3

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

5. The Secretary Yagappa Home for Women, Arulanandhammal Nagar, 7th Cross Street, Yagappa Nagar, ORDER MADE IN 13.11.2019 VB(26.11.2019) 3P 6C 3/3