IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-04-2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN

and

THE HON'BLE MR. JUSTICE S. NAGAMUTHU

H.C.P.No.513 of 2016

S.Krishnamurthy

... Petitioner.

vs

The State rep. by its

The Inspector of Police,

Thiruvannamalai Town Police Station

Thiruvannamalai District.

... Respondents.

Prayer:- Habeas Corpus Petition filed under Article 226 of the

Constitution of India praying for the issuance of a Writ of Habeas

Corpus, directing the respondent police to produce the body of

the petitioner's minor daughter Mageshwari, D/o.Krishnamurthy,

aged about 17 years, before this Court and to set her at liberty.

For Petitioner

:

Mr.P.G.Perumal Pandian

For Respondents :

Mr.V.M.R.Rajendren,

Addl. Public Prosecutor

O R D E R

(Order of the Court was made by S.NAGAMUTHU, J.)

The petitioner is the father of the detenue, viz., Mageshwari,

aged about 17 years. According to the petitioner, the detenue

Mageshwari, was doing her Xth standard in Government Girls School

at Arani. She has been found missing from 12.02.2016 onwards. On a

complaint made, a case has been registered in connection with the

same in Crime No.130 of 2016 for "Girl Missing" on the file of the

Thiruvannamalai Town Police Station. Since, the minor girl was not

secured, the petitioner has come up with this petition, to direct

the respondent police to produce the body of the petitioner's

minor daughter Mageshwari, aged about 17 years, before this Court

and to set her at liberty.

2. Today, when the matter was taken up, the respondent police

produced the minor girl Mageshwari before this Court. The

petitioner and his wife, by name, Dhavamani, also made appearance

before this Court. They were represented by Mr.P.G.Perumal

Pandian, a legal aid counsel.

https://hcservices.ecourts.gov.in/hcservices/

3. Mr.V.M.R.Rajentren, the learned Additional Public

Prosecutor, on instructions, would submit that the detenue

Mageshwari, was secured at Munnar in Kerala, on 30.01.2016. She

was also sent for medical examination. Based on the materials

collected and the investigation done, the case was altered into

one under Sections 366(A) and 376 IPC r/w. Sections 4 and 8 of

the Protection of Children from Sexual Offences Act, 2012 (POCSO

Act, 2012). The accused Kumar was arrested and he has been

remanded to judicial custody. The learned Additional Public

Prosecutor would further submit that the victim minor girl

Mageshwari was produced before the Judicial Magistrate No.I,

Thiruvannamalai, who has entrusted the custody of the minor girl

to her parents.

4. When we enquired the minor girl Mageshwari, she submitted

that she wants to go and remain in a Governmental Home. The

parents of the detenue would submit that, on one occasion, the

detenue Mageshwari inflicted injury to herself, on her neck.

These statements would indicate that the detenue requires

effective counselling. Further, the safety and security of the

detenue should be ensured.

5. Having regard to all the above, this Habeas Corpus Petition

is disposed of, with the following directions:-

i. The respondent/The Inspector of Police, Thiruvannamalai

District, shall take the minor girl Mageshwari and produce

her before the Special Court under the POCSO Act, 2012,

Thiruvannamalai District, today itself.

ii.The Special Judge under the POCSO Act, 2012, before whom,

she is produced shall consider all the materials placed

before him and shall also consider the statement of the

detenue Mageshwari and her parents.

iii.Having regard to the safety and security of the minor

girl Mageshwari, the learned Special Judge under the POCSO

Act, 2012, Thiruvannamalai District, shall pass

appropriate orders regarding her custody and also for her

effective counselling.

iv.It is open for the learned Special Judge, to direct the

Chairman, District Child Welfare Committee, to visit