M.Ananthavalli v. The Sueprintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2023 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN M.Ananthavalli ... Petitioner Vs.
1.The State rep. By The Superintendent of Police Ariyalur District, Ariyalur 621 704.
2.The Inspector of Police Koovagam Police Station Ariyalur District 621 710.
3.Mrs.D.Annakodi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India in the nature of habeas corpus directing the respondents to produce the body of the petitioner's daughter namely, Ms.M.Bhavana, aged about 17 years before this Court from the illegal custody of the 3rd respondent and hand over to the petitioner.
For Petitioner : Mr.M.Palanimuthu For RR 1 & 2 : Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
[Order of the Court was made by S.S.SUNDAR, J.,] (1)The present petition is filed by the petitioner, mother of the detenue Bhavana, aged 17 years, to cause production of her daughter, who is said to be missing, before this Court and to hand over her custody to her. (2)The case of the petitioner herein is that her daughter, the detenue herein, who was studying 12th standard, was found missing and that she was abducted by one Mr.D.Lenin, son of Dharmalingam with the mental and monetary support of the 3rd respondent herein. (3)No notice was served on the 3rd respondent. However, pursuant to filing of this petition, the 2nd respondent police produced the detenu before this Court on 16.10.2023.
(4)On enquiry, the detenue stated that she left her parental home on her own and that she expressed her unwillingness to go along with her mother and that, she wants to be in a Government Home. Hence, she was housed at Vallalar Home, Lingathadi Medu, Kallangakurichi, Ariyalur. The matter
was directed to be listed today [15.11.2023]. The Child Welfare Committee, Ariyalur, was also directed to file a Report after giving counselling to the detenue.
(5)Today, the detenue is produced before us from the Home. (6)When the matter is taken up today in the forenoon session, the detenue expressed her willingness to go with her aunt. Since it is stated that the aunt referred to by the detenue is not her relative, but the relative of the 3rd respondent, this Court wanted the mother/petitioner herein to spend some time with her daughter/detenue so that the petitioner may be in a position to convince her daughter to go along with her. (7)Again, when the matter is taken up in the afternoon session, the detenue has expressed her willingness in unequivocal terms that she is willing to go along with her mother/petitioner herein.
(8)Since the detenue is a minor, we feel that her custody with the mother would be more safer and secure.
(9)In such circumstances, recording the statement of the detenue, this Habeas Corpus Petition is closed.
(10)However, the 2nd respondent police may visit the petitioner and her daughter/detenue once in two weeks for a period of two months to ensure the safety of the detenue.
[S.S.S.R., J.] [S.M, J.] 15.11.2023 AP Internet : Yes To
1. The Superintendent of Police Ariyalur District, Ariyalur 621 704.
2.The Inspector of Police Koovagam Police Station Ariyalur District 621 710.
3.The Public Prosecutor, High Court, Madras.
S.S. SUNDAR, J.,
and SUNDER MOHAN, J., AP 15.11.2023