High CourtsDivision Bench(2006) 07 MAD CK 0145

Subramani vs The Superintendent of Police, The Inspector of Police and Settu

Madras High Court · Decided on 12 July 2006

HON’BLE JUDGES
V. Dhanapalan, J · P. Sathasivam, J
CASE NUMBER
Habeas Corpus Petition No. 507 of 2006

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Judgment

21 paragraphs · 413 words

P. Sathasivam, J.—One Subramani has filed this petition seeking direction to the respondents for production of the detenus viz.,

1.Thangamma,W/o Subramani, 39 years ,Kumar, 22 years; 2.Vengatachalam,aged about 18 years; 3.Sakthi Vel, aged about 15 years;

4.Palanisamy, aged about 13 years; 5.Boopathy, aged about 11 years; 6.Shanmugam, aged about 9 years; 7. Gnanasekaran, aged about 3 years;

8.Paramasivam, aged about 1 and half years; 9.Arumugam, s/o Perumal, 40 years; 10.Elaamma,W/o Arumugam, 37 years; 11.Kanaga, 15 years;

12.Saritha, 14 years; 13.Vasantha, 12 years; 14.Aruna,11 years; 15.Karthik, 9 years; 16.Suresh, 8 years and 17.Murugesh, 6 years, before this

Court and set them at liberty.

2.

When the above petition came up for hearing on 07.07.2006, the learned Additional Public Prosecutor on instruction informed this Court that all

the 18 named persons in the petition have been secured and produced before the District Collector, Salem and he sought further time for

production of those persons before this Court. Today, all the detenus appeared before us. Most of them are below the age of 18.

3.

The learned Additional Public Prosecutor has placed a letter dated 04.07.2006 from Tahsildar, Kolar Taluk, addressed to the Assistant

Commissioner, Kolar Sub Division, Kolar, wherein it is stated that on enquiry it shows that the above mentioned persons are not bonded labours

and all of them are working in stone crusher as daily wage earners and living near the quarry by putting thatched huts. According to the Tahsildar,

all of them are independent workers staying with their families. He also informed the Assistant Commissioner that there are no bonded labours in

his area and he handed over all 19 members(including children) to the Tamil Nadu Police. The above information shows that the named persons

were not taken as bonded labours to Karnataka. However, the fact remains that most of them are at the age group of 6 to 15.

4.

Mr. V. Parthiban, learned Counsel appearing for the petitioner informed this Court that on direction by the District Collector, Salem, now the

children are attending schools. The above statement is hereby recorded. In so far as the other members, viz.,Thangamma, Vengatachalam,

Arumugam and Elaamma, they are free to make a representation to the District Collector, Salem, for necessary help. If any such representation is

made, the Collector, Salem District, is directed to consider their case sympathetically and provide employment, if the same is permissible atleast for

a minimum period of three months.

5.

With the above observation, this petition is closed.