Velmurugan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.1640 of 2016 Velmurugan : Petitioner Vs.

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

2. The Inspector of Police, Anna Nagar Police Station, Madurai City.

3.Madhankumar : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to secure the detenue and produce the body or person of the detenue, viz., Bhuvaneswari, D/o.Velmurugan, aged 17 years before this Court, illegally detained by the third respondent and handover the custody of the detenue to the petitioner forthwith. For Petitioner : Mr.D.Rameshkumar For Respondents 1&2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] The petitioner is the father of the detenue - Bhuvaneswari, aged about 17 years. He has filed the present Habeas Corpus Petition stating that her daughter was found missing from 25.11.2016. Hence, he has lodged a complaint on 26.11.2016, based on which, a case was registered in Crime No.2780 of 2016 for "girl missing". Since no steps have been taken so far to trace out the detenue, the petitioner is before this Court with the present Habeas Corpus Petition.

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2. Earlier, when the matter came up for hearing on 16.12.2016, the second respondent police produced the detenue. On our enquiry, she told that she was taken by the third respondent and thereafter, she was secured from her relative's house by the police and she expressed her willingness to go along with her father, the petitioner herein. On that day, the learned Additional Public Prosecutor submitted that the second respondent police would take steps to alter the case into one under the provisions of the Protection of Children from Sexual Offences Act, 2012 and proceed with the investigation. Therefore, the case was adjourned to today.

3. Today, when the matter was taken up for consideration, the detenue appeared before this Court along with her mother. The detenue expressed her willingness to go along with her mother.

4. The learned Additional Public Prosecutor submitted that the third respondent surrendered before the learned District Munsif -cum- Judicial Magistrate, Nagercoil, on 16.12.2016 and thereafter, he was remanded to judicial custody and the case was also altered into one under the provisions of the Protection of Children from Sexual Offences Act, 2012.

5. Recording the submission made by the detenue and the learned Additional Public Prosecutor, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Anna Nagar Police Station, Madurai City.

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

Order made in H.C.P.[MD].No.1640 of 2016 23.12.2016 SML MK/11.1.2017/2p/4c https://hcservices.ecourts.gov.in/hcservices/