IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 14.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH
H.C.P No.2063 of 2016
V. Kothandapani .. Petitioner Vs
1. The Superintendent of Police, O/o. Superintendent of Police, Thiruvannamalai District, Thiruvannamalai – 606 001.
2. The Inspector of Police, Thachampattu Police station, Tiruvannamalai District.
(2nd respondent deleted as per order dated 21.9.2016)
3. The Inspector of Police All Women Police Station, Tiruvannamalai District
4. B.Balamurugan 5.V.Balashanmugam 6.B.Mala .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the third respondent to produce the petitioner's minor daughter namely minor Kamalaveni, D/o.V.Kothandapani, aged about 17 years, residing at Main Road, Gandhisilai Street, Pazhaiyanur Village, Thiruvannamalai Taluk & District from the illegal custody of the respondents 4 to 6 before this Court and hand over her custody to the petitioner herein.
For Petitioner : Mr.S.Kumara Devan For Respondents : Mr.V.M.R. Rajendran Addl. Public Prosecutor (For R1 & R3) ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the father of one Minor Kamalaveni (hereinafter referred to as “the detenue”), aged 17 years. According to the petitioner, the 4th respondent kidnapped the detenue on 04.06.2015 and on the complaint made by the petitioner, a case was registered in Crime No.21 of 2015 under Sections 366A, 376 of IPC and Section 8 of POCSO Act against the 4th respondent. In connection with the said case, the 4th respondent was arrested and later on, released on bail. On account of the sexual assault made by the 4th respondent on the detenue, she became pregnant.
2. The detenue was produced before the Division Bench of this Court on 29.11.2016 and she informed the Court that she was not willing to go with the petitioner, namely, her father, but she preferred to be in the Home for Children. She also found to be in the advanced stage of pregnancy. Therefore, this Court directed to be kept at the Government Approved Home, namely, Terrdes Homes Core Trust, No.102, Perumbakkam Road, Tiruvannamalai, until further orders.
3. Today (14.03.2017), when the matter was taken up, we were informed by the learned Additional Public Prosecutor, on instructions from the Inspector of Police that the detenue has given birth to a child and both are safe in the Home.
4. In our considered view, any further order regarding the custody of the detenue, namely, Minor Kamalaveni and her child is a matter to be considered by the Special Court under POCSO Act and other authorities concerned. Therefore, we are inclined to close this Habeas Corpus Petition, however, with a direction to the third respondent to produce the detenue Minor Kamalaveni along with her child (new born baby) before the Special Court under POCSO Act at Tiruvannamalai on 27.03.2017. The Special Court under POCSO Act shall be at liberty to pass any order in accordance with law considering the welfare of the detenue and also her new born baby.
S.NAGAMUTHU,J.
And
ANITA SUMANTH,J.,
cse
5. With the above direction, this Habeas Corpus Petition is closed. No costs.
Index : Yes/No Internet : Yes/No cse To
1. The Superintendent of Police, O/o. Superintendent of Police, Thiruvannamalai District, Thiruvannamalai – 606 001.
2. The Inspector of Police All Women Police Station, Tiruvannamalai District
3. The Public Prosecutor, High Court, Chennai.
(S.N.J.,) (A.S.M.J.,) 14.03.2017
H.C.P No.2063 of 2016