D.Balaji, M/A-55 Years v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.2520 of 2016 D.Balaji ... Petitioner Vs

1. The Superintendent of Police, Vellore District, Vellore.

2. The State, rep by the Inspector of Police, Pernambut Police Station, Pernambut, Vellore District (Crime No.557/2016)

3. Murugan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the first respondent to produce the petitioner's minor daughter, Kumari, daughter of Balaji, aged about 15 years, residing at Rajapalayam, Irular Colony, Aravatala Panchayat, Sadkar Post, Pernambut, Vellore District635 810, before this Court and to set her at liberty. For Petitioner : Mr.S.Prasadbabu For Respondents : Mr.V.M.R.Rajentran, Additional Public Prosecutor for RR1 and 2

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the petitioner, praying that this Court may be pleased to issue a direction, directing the first respondent to produce the https://hcservices.ecourts.gov.in/hcservices/

petitioner's minor daughter, Kumari, daughter of Balaji, aged about 15 years, residing at Rajapalayam, Irular Colony, Aravatala Panchayat, Sadkar Post, Pernambut, Vellore District635 810, before this Court and to set her at liberty. 2.

The girl, by name, Kumari, who is sought to be produced before this Court, had been produced, before this Court, by the second respondent. On enquiry, she had stated that she is aged about 16 years and that she had married the third respondent herein. The parents of the detenue were also present before this Court. On further enquiry, the detenue had expressed her willingness to go along with her parents. The parents were also instructed not to cause any harm to the girl. 3.

In such circumstances, this Court is of the considered view that since the detenue had expressed her willingness to go along with the petitioner, it is appropriate to permit the detenue to go along with the petitioner, who is her father, as per her wish. Accordingly, the detenue, Kumari, is permitted to go along with the petitioner, as per her wish. No further orders are necessary in the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mra/vvk To

1. The Superintendent of Police, Vellore District, Vellore.

2. The Inspector of Police, Pernambut Police Station, Pernambut, Vellore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Prasad Babu, Advocate, S.R.No.456 H.C.P.No.2520 of 2016 KJ(CO) CA(31/01/2017) https://hcservices.ecourts.gov.in/hcservices/