P.Asokamoorthi v. The State Rep.By,

2026:MHC:1203

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN P.Asokamoorthi S/o.Mr.Periyasami, No.7/17-A3, Moorthypatty, M.Kallipatti, Salem-636 453.

..Petitioner(s) Vs

1. The State rep.by, The Superintendent of Police, O/o. Superintendent of Police, Salem District.

2. The Inspector of Police, All Women Police Station, Mecheri PS Limit, Mettur Taluk, Salem District.

3. Vignesh S/o.Rajendiran, Adidravidar Street, Sikkanampatty, Kadaiyampatty Taluk, Salem district.

..Respondent(s) Prayer:

Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a writ, order or direction and in particular to issue WRIT

OF HABEAS CORPUS, directing the 1st and 2nd respondents to produce the petitioner's minor daughter namely Bruntha who is aged about 17 years before this Hon'ble Court and handover to the petitioner and pass such order or other order as this Hon'ble Court may deem fit and proper circumstances of the case. For Petitioner(s):

Mr.D.Aesu Arokia Anbarasu for Ms.C.Dharani For Respondent(s):

Mr.R.Muniyapparaj Additional Public Prosecutor Assisted By Mr. N. Narkeeran (For R1 and R2)

ORDER

(Order of the Court was made by Dr.Anita Sumanth J.) The detenue is one Bruntha, aged 17 years (date of birth as per Birth Certificate being 14.05.2008) who is missing from 27.02.2026 onwards. The petitioner herein / father of detenue made a complaint before the authorities and a case was registered in Crime No.06 of 2026 for girl missing. Since the petitioner was unhappy with the efforts taken by the police to secure the detenue, he has approached this Court by way of the present habeas corpus petition.

2. There is a history to the matter in that, even prior to this occurrence, the detenue had gone missing from her home on 31.10.2024. A case was registered under Crime No.536 of 2024 for girl missing and after some efforts, it was found that she was in a relationship with R3.

3. Upon filing of the final report, the offences were altered to include relevant offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012). The matter is pending before POCSO Court, Salem in Spl.S.C.No.68 of 2025. It is in the above circumstances, that she has once again left her home.

4. According to learned Additional Public Prosecutor, she had left the home on account of objections from her father, and now wishes to go with her grand-mother.

5. However, we have conversed with both the detenue as well as her parents and now, find that the detenue is willing to go back with her parents. She appears to be a good student in the final year of the E.E.E. Diploma course. Her aversion to staying with her parents appears to be on account of their raking up her past misdeeds which, they now say, they will desist from doing.

6. Custody of the detenue is now handed over to her parents and recording the same, this habeas corpus petition is closed. No costs. (A.S.M.,J.) (S.M.,J.) 23-03-2026 mpl Index: Yes/No Speaking order

DR.ANITA SUMANTH J.

AND SUNDER MOHAN J.

mpl To

1. The Superintendent of Police, O/o. Superintendent of Police, Salem District.

2. The Inspector of Police, All Women Police Station, Mecheri PS Limit, Mettur Taluk, Salem District.

3. The Joint Secretary, Law and Order Department, Secretariat, Chennai.

4. The Public Prosecutor, High Court, Madras.

23-03-2026