Valarmathi v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29..06..2016
CORAM
THE HONOURABLE MR. JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Habeas Corpus Petition No.936 of 2016 Valarmathi ... Petitioner -Versus1.The Superintendent of Police, Coimbatore District.
2.The Inspector of Police, Karumathampatty Police Station, Coimbatore District.
3.Doss 4.Shivavel 5.Perumal 6.Rangasamy ... Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus directing to produce the daughter of the petitioner namely, Minor Mamtha, aged about 17 years 2 months before this Court either in person or her body and set her at liberty.
For Petitioner : Mr.M.P.Jayaprakash For Respondents: Mr.V.M.R.Rajentren, APP for R1 and R2
ORDER
[Order of the court was made by S.NAGAMUTHU, J.] The petitioner is the mother of the detenue-Mamtha, aged 17 years and 1 month. On the allegation that she has been found missing , the petitioner has come up with this Habeas Corpus Petition.
2. Today, as requested by the learned Additional Public Prosecutor, the Habeas Corpus Petition was taken up for hearing https://hcservices.ecourts.gov.in/hcservices/
at 02.15 p.m. in the special list. The 2nd respondent-Inspector of Police, Karumathampatty Police Station, Coimbatore District, made appearance and produced the minor detenue-Mamtha. The minor detenue-Mumtha has a female child aged about one month. Visibly the health of the detenue is bad. She stated that she has married the 3rd respondent -Mr.Doss and the child was born to him. She has further stated that she does not want to go with her mother, the petitioner herein. But, at the same time, in our considered view, it would not be conducive for her health and her child to keep her along with her child in the protection home. Unconsolably, the minor detenue begged before this court insisting that she should not be entrusted to the custody of the petitioner. After having heard the said statement, the petitioner offered to withdraw this Habeas Corpus Petition. Accordingly, she made an endorsement also.
3. In our considered view, as we have already pointed out, it would not be prudent to order for safe custody of the minor detenue along with her child in the protection home. There is nobody else available before this court to whom the minor detenue could be entrusted along with her child for safe custody. Therefore, we deem it appropriate to direct 2nd the respondent-Inspector of Police, to take the minor detenue and her child and entrust them to the custody of any responsible relative of the minor detenue or any other person interested in them as per the wish of the minor detenue.
4. With the above directions, this Habeas Corpus Petition is closed.
kmk -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To 1.The Superintendent of Police, Coimbatore District. 2.The Inspector of Police, Karumathampatty Police Station, Coimbatore District.
3.The Public Prosecutor, High Court, Madras.
ssk(co) prk29/6 H.C.P.No.936 of 2016 https://hcservices.ecourts.gov.in/hcservices/