M YASODHA Vs. COMMISSIONER OF POLICE CHENNAI

JUDGEMENT

(1.) SEEKING a Writ of Habeas Corpus, one Yasodha, aged about 24 years has brought forth this application for production of one Ashok Kumar, aged about 26 years.

(2.) PERUSED the affidavit filed in support of the petition and heard the learned counsel for the petitioner and also the status report filed by the 3rd respondent herein. The case of the petitioner, as could be seen from the averments made in the affidavit and also from the submissions made by the learned counsel for the petitioner, is that she was working in a software company from January, 2008, where one Ashok Kumar was also employed and they fell in love with each other and he has also given an assurance to marry her; that on one occasion, he forced her to have a sexual intercourse by providing a Badam milk added with sleeping pills; that she understood the situation later; that thereafter, he did not act as per the promise; that she made all attempts to meet him, but were denied; that he was staying in his uncle's house and all along she was prevented from meeting him; that under such circumstances, she gave a complaint to the 1st respondent, but no proper action was taken; thereafter, the same was registered in Crime No. 763 of 2009 and that since he is under the illegal custody of his parents, there is no other option than filing this petition before the Court.

(3.) IN answer, the learned Additional Public Prosecutor would submit that on a complaint given by the petitioner, a case was registered and on interrogation, it was found that it was a case of rape and in the instant case, it was not only Ashok Kumar was shown as accused but also his parents and other relatives were shown as A-2 to A-5; that charge sheet was laid before the committal court, i. e. Judicial Magistrate Court, Tambaram; that in so far as the offence of rape is concerned, the case was taken on file as P. R. C. No. 62 of 2009 and in so far as the other offences, two charge sheets have been filed as C. C. No. 936 and 937 of 2009; that all are pending before the Court and that the further investigation would reveal that Ashok Kumar is in Dubai and steps are being taken in order to arrest him and produce before the Court and he is shown as absconding.