Gomathi, Aged 36 Years, v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2019

CORAM:

THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR H.C.P.No.1198 of 2018 Gomathi .. Petitioner Vs.

1.State, rep by its The Inspector of Police Jolarpet Police Station Jolarpet, Vellore District.

2.State, rep, by The Superintendent of Police Vellore District.

Vellore.

3.Prasanth 4.Palani 5.Ajith 6.Karthick 7.Vadivelu .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, to direct the first and second respondents herein to produce the body of the petitioner's minor daughter Rubina, aged about 17 years before this Court and hand over the petitioner. For Petitioner .. M/s.V.R.Annagandhi For Respondents.. Mr.C.Iyyappa Raj Additional Public Prosecutor [R1 & R2] Mrs.A.Yogeswari for RR4 to 7

ORDER

(Order of the Court was made by M.SATHYANARAYANAN, J) This Court, in continuation and conjuncture with the earlier order dated 25.03.2019, is passing the following order.

2. The detenue, who is now major and is in the custody of Madras Christian Council of Social Service, Chennai-600082, is produced before this Court and on interaction with her, she would state that she is willing to go with her parents, who are present before this Court.

3. Mr.C.Iyyapparaj, learned counsel appearing for the State would submit that when the detenue was produced for medical examination, she expressed her unwillingness and did not cooperate for the medical examination.

4. The learned counsel appearing for the third respondent would submit that the mother of the third respondent is present before this Court and he requested the Court to make an enquiry with her and accordingly, when she is enquired and the mother of the third respondent would state that based on intimation given by the detenue to her son, he went away from the residence and never turned back.

5. This Court has carefully considered the rival submissions and also perused the materials placed before it.

6. In the light of the fact that the detenue is a major and since she expressed her willingness to go with her parents, this Court is of the considered view that the detenue shall be set at liberty and she is free to take her own decision as to her future and well-being.

7. This Habeas Corpus Petition is disposed of accordingly. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1.The Inspector of Police Jolarpet Police Station Jolarpet, Vellore District.

2.The Superintendent of Police Vellore District.

Vellore.

Copy to:

The Public Prosecutor High Court, Madras.

+1cc to M/s.V.R.Annagandhi, Advocate 39330 H.C.P.No.1198 of 2018 vgi(co) nr 20/06/2019