IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 24.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2525 of 2016 S.Rajalakshmi, W/o late Sethu Raman, No.16, Subramanya Kandigai, Neman Post, Chennai – 600 124. .. Petitioner Vs
1. The Commissioner of Police, Greater Chennai, Vepery, Chennai – 600 007.
2. State Rep. By The Inspector of Police, B-7, Vellavedu Police Station, Vellavedu, Chennai – 600 124.
3. E.Thiyagu, .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct first respondent to trace the petitioner's daughter namely, Srinithi allies Sona, aged about 16 years and to produce here body or person before this Hon'ble Court.
For Petitioner : Mr.A. Balasingh Ramanujam For respondents : Mr.V.M.R. Rajentren Additional Public Prosecutor for R1 and R2 ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the mother of one Srinithi allies Sona, aged about 16 years. Her date of birth is 13.01.2000. According to the petitioner, the detenue has been found missing from 16.11.2016 onwards. In this regard, a case has been registered, in Crime No.1049 of 2016, on the file of the second respondent, for offence under Section 366-A of IPC, against the third respondent. The allegation is that the third respondent had kidnapped her and committed offences under the POCSO Act.
2. Today, when the Habeas Corpus Petition has been taken up, the detenue was produced by the second respondent police. She told us that she was taken by the third respondent. She further told that the third respondent married her and extended sexual overtures on her.
3. The second respondent would submit that the third respondent is arrested and remanded to judicial custody.
4. In view of the above, this Habeas Corpus Petition is disposed of with a direction to the second respondent to produce the detenue, Srinithi allies Sona, before the Special Court, under the POCSO Act, for further orders. Until then the detenue will be in the custody of her mother Mrs.S.Rajalakshmi, and accordingly, the petitioner/mother is permitted to take the detenue.
(S.N.J.,) (A.S.M.J.,) 24-03-2017 Index : Yes/no Internet : Yes/no msk/jer To
1. The Commissioner of Police, Greater Chennai, Vepery, Chennai – 600 007.
2. The Inspector of Police, B-7, Vellavedu Police Station, Vellavedu, Chennai – 600 124.
4.The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.,
And
ANITA SUMANTH,J.,
msk/jer H.C.P.No.2525 of 2016 24-03-2017