Madras High Court
Selvi vs The Superintendent Of Prison on 19 June, 2023
Author: M.Sundar
Bench: M.Sundar
H.C.P.No.241 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE Mr.JUSTICE R.SAKTHIVEL
H.C.P.No.241 of 2023
Selvi
Wife of Ramu .. Petitioner /
Vs.
1. The Superintendent of Prison
Sarthuvasari, Vellore – 632 009
2. The Inspector of Police
Begayam Police Station
Vellore
3. Siva ... Respondents
Petition filed under Article 226 of the Constitution of India praying for
issuance of a writ of habeas corpus to direct the 1st and 2nd respondents to
produce the petitioner's minor child xxx aged 15 years illegally detained by
the third respondent before this Court and handover to the petitioner.
For Petitioner : Mr.S.Parthasarathi
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
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https://www.mhc.tn.gov.in/judis H.C.P.No.241 of 2023 [Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned HCP.
2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listings on 15.03.2023, 25.04.2023 and 14.06.2023, which read as follows:
Proceedings dated 15.02.2023 'Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by the mother of an absentee (we are not mentioning the name with the intention of masking and for the sake of convenience) saying the absentee is a 15 year old school student, she went missing on 16.12.2022, a complaint was registered with the second respondent police, namely Bagayam Police Station and an FIR was registered in Crime No.302 of 2022.
2. Mr.S.Parthasarathi, learned counsel for petitioner submits that it is the apprehension of the petitioner (mother of the absentee) that the absentee is in illegal custody of the third respondent (private respondent).
3. Mr.M.Muniyapparaj, learned Additional Public Prosecutor who accepts notice on behalf of Respondents 1 and 2 is instructed by the second respondent. Learned Prosecutor submits that from a preliminary enquiry pursuant to the Page Nos.2/14 https://www.mhc.tn.gov.in/judis H.C.P.No.241 of 2023 aforementioned FIR comes to light that all efforts are being taken to zero in on the minor. It is also submitted that the petitioner has come to adverse notice of the jurisdictional police but we do not express any opinion or view on this aspect of the matter for now.
4. Learned Additional Public Prosecutor requests for three weeks time. Request acceded to. In the interregnum, if there is any development in the matter, it is open to the prosecutor to mention before us.
List on 08.03.2023.' Proceedings dated 25.04.2023 'Read this in conjunction with and in continuation of earlier proceedings made in the previous listings.
2. We find that status reports have been filed but the progress in locating the absentee is not as swift as one would desire it to be considering that the absentee is a 15 years old minor/school student.
3. We therefore deem it necessary to escalate this matter to the first respondent and we call for a report from the first respondent/ Superintendent of Police.
4. In the interregnum, if the absentee is located, let the absentee be produced before the jurisdictional Magistrate (we are informed that the jurisdictional Magistrate is Judicial Magistrate I, Sathuvachari).
List on 02.06.2023.' Page Nos.3/14 https://www.mhc.tn.gov.in/judis H.C.P.No.241 of 2023 Page Nos.4/14 https://www.mhc.tn.gov.in/judis H.C.P.No.241 of 2023 Proceedings dated 14.06.2023 'Read this in conjunction with and in continuation of earlier proceedings made in the first listing on 15.02.2023 which reads as follows:
'Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by the mother of an absentee (we are not mentioning the name with the intention of masking and for the sake of convenience) saying the absentee is a 15 year old school student, she went missing on 16.12.2022, a complaint was registered with the second respondent police, namely Bagayam Police Station and an FIR was registered in Crime No.302 of 2022.
2. Mr.S.Parthasarathi, learned counsel for petitioner submits that it is the apprehension of the petitioner (mother of the absentee) that the absentee is in illegal custody of the third respondent (private respondent).
3. Mr.M.Muniyapparaj, learned Additional Public Prosecutor who accepts notice on behalf of Respondents 1 and 2 is instructed by the second respondent. Learned Prosecutor submits that from a preliminary enquiry pursuant to the aforementioned FIR comes to light that all efforts are being taken to Page Nos.5/14 https://www.mhc.tn.gov.in/judis H.C.P.No.241 of 2023 zero in on the minor. It is also submitted that the petitioner has come to adverse notice of the jurisdictional police but we do not express any opinion or view on this aspect of the matter for now.
4. Learned Additional Public Prosecutor requests for three weeks time. Request acceded to. In the interregnum, if there is any development in the matter, it is open to the prosecutor to mention before us.
List on 08.03.2023.'
2. In the aforementioned proceedings in paragraph 3, it has been recorded that the petitioner has come to adverse notice of the jurisdictional police. Today, we are informed that this is incorrect and the 'petitioner' should read as 'third respondent'. Therefore, this proceedings shall be read as corrigendum/errata qua 15.03.2023 proceedings. In all other respects, 15.03.2023 proceedings will remain.
3. We have perused the status reports.
4. Learned counsel for petitioner points out that there are siblings for the third respondent and even statements from them have not been taken. From the Case Diary, we find that statements have not been taken from them. As it pertains to investigation, we refrain from saying anything for the present.
5. Be that as it may, learned counsel for petitioner drew Page Nos.6/14 https://www.mhc.tn.gov.in/judis H.C.P.No.241 of 2023 our attention to a complaint dated 24.01.2023 given by the petitioner to the first respondent wherein she has made certain allegations about the jurisdictional police. In the next listing, first respondent to file status report as to the steps taken pursuant to the complaint.
6. We are also informed that a special team has been formed and they have been putting in efforts to locate the absentee by travelling to Andhra Pradesh and Karnataka.
7. Today, the petitioner, petitioner's counsel Mr.S.Parthasarathi and learned State Additional Public Prosecutor Mr.E.Raj Thilak, instructed by Mr.R.Srinivasan, Inspector of Police, Vellore North Police Station, Vellore and Mr.L.Kumarasamy, Sub Inspector of Police, Bagayam Police Station, Vellore are before us.
8. In the light of the narrative thus far, we also deem it appropriate to say that the third respondent needs to be secured. Learned Prosecutor requests for time till end of next week to do the needful.
9. We see from the case file that the absentee is missing from 16.12.2022 and it is going to be six months now. Inter-alia owing to this and the narrative thus far, we make it clear that depending on what unfurls in the next listing, we may have to direct the first respondent to remain present in this Court.
10. In another proceedings made on 25.04.2023 vide Page Nos.7/14 https://www.mhc.tn.gov.in/judis H.C.P.No.241 of 2023 paragraph 4, we had made it clear that if the absentee is located in the interregnum, she shall be produced before the jurisdictional Magistrate. This directive will continue to operate between today and the next listing.
11. List on 21.06.2023.'
3. After the last listing on 14.06.2023, the matter was mentioned today by the Prosecutor saying that the absentee has been secured. The matter was taken up after listing by way of an additional list.
4. Today, the petitioner, petitioner's counsel Mr.S.Parthasarathi, Mr.E,Raj Thilak, learned Additional Public Prosecutor for Respondents 1 and 2 (official respondents) instructed by Mr.R.Srinivasan, Inspector of Police, Vellore North Police Station (second respondent), absentee and third respondent are present in Court.
5. This Bench had interactions with the absentee, the third respondent and the petitioner one after the other, in that order. An adumbration of aspects (relevant for disposal of captioned matter) that emerged from the interactions are as follows:
i) The absentee was friendly with the third respondent who is related to her and is now willing to go with her mother (petitioner before us);Page Nos.8/14
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ii) The absentee is a minor as already captured in the previous listing;
iii) The absentee wants to pursue her school education;
iv) Third respondent submitted that he would keep away from the absentee and will not interfere or attempt to interact with her until she attains majority;
v) Petitioner (mother of absentee) said that it would be desirable to have the absentee lodged in a home as according to her she is apprehensive about providing for the safety of the absentee;
6. We passed over the matter and gave enough time to the petitioner to have discussions with any one of her choice, take counsel and also come to an informed conclusion about sending the absentee to a home or taking the absentee with her.
7. In the second call also the petitioner is saying that it is desirable that the absentee is sent to home for the same reason.
8. In the light of the narrative thus far, we deem it appropriate to make the following order:
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i) The absentee shall be produced before the jurisdictional Magistrate (we are informed that Judicial Magistrate I, Vellore Page Nos.10/14 https://www.mhc.tn.gov.in/judis H.C.P.No.241 of 2023 is the jurisdictional Magistrate) within three weeks from today i.e., by 10.07.2023 with prior intimation to the petitioner;
ii) The jurisdictional Magistrate shall record statements of petitioner and the absentee;
iii) If the statement of the petitioner is on the same lines as mentioned supra, the absentee will continue the stay in a home;
iv) If the statement is otherwise and if the statement is recorded, the absentee can go with the mother;
v) The absentee shall now be lodged in Government's Children Home, Allapuram, Thorapadi, Vellore;
vi) In and by earlier proceedings made in the listing on 14.06.2023, we had called for a status report from the first respondent in the light of a complaint dated 24.01.2023 made by the petitioner. In the light of what unfurled today, we deem it appropriate to give a closure to this aspect of the matter also and say that the matter will rest there i.e., the first respondent can deal with the matter or close the file at his own discretion uninfluenced by this order.Page Nos.11/14
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vii) In the proceedings in the previous listing on 14.06.2023 in paragraph 4, we had noticed that statements from the relative of the third respondent (siblings) had not been taken but that aspect of the matter is also now given a closure as it is going to be curtains on the captioned HCP, the absentee having been secured.
viii) As regards the FIR qua third respondent, the same shall be dealt with by applying Circular Memorandum of Director General of Police dated 03.12.2022 bearing reference Rc.No.009464/Crime-4(3)/2022.
9. We drop the curtains on the captioned HCP albeit with the aforementioned directions. Captioned HCP is disposed of as closed.
(M.S.,J.) (R.S.V.,J.)
19.06.2023
Index : Yes/No
Speaking order/Non-speaking order
Neutral Citation : Yes /No
gpa
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H.C.P.No.241 of 2023
To
1. The Superintendent of Prison
Sarthuvasari, Vellore – 632 009
2. The Inspector of Police
Begayam Police Station
Vellore
3. The Public Prosecutor
Madras High Court, Chennai
Page Nos.13/14
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H.C.P.No.241 of 2023
M.SUNDAR, J.
and
R.SAKTHIVEL, J.
gpa
H.C.P.No.241 of 2023
19.06.2023
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