Samanthi v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2590 of 2024 Samanthi ... Petitioner/Mother of the detenue Vs.

1.

The State represented by The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri District.

The Superintendent of Police, Dharmapuri District.

Mr.Vignesh ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's minor daughter J.Sala, D/o. late Jayaraman, aged about 17 years before this Court and handover to the petitioner forthwith.

For Petitioner : Mr.R.Sachithanandan For Respondents : Mr. R.Muniyapparaj Additional Public Prosecutor [For R1 & R2] : No appearance [For R3]

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The habeas corpus petition has been instituted to direct the respondents to produce the petitioner's minor daughter viz., J.Sala, D/o. late Jayaraman, aged about 17 years.

The first respondent secured the minor girl and produced before this Court. The petitioner is also present before this Court. We have examined the petitioner and the detenue. The detenue, who crossed the age of about 17 years is capable of understanding, what is good for her life. The detenue says that she is working in a Cloth Company at Tiruppur and interested in pursuing her education. She has already

completed +2 Course and she has to join in a College and continue her education. The petitioner, who is present before this Court made a submission that she will make all necessary arrangements for the future education of the detenue.

4.

The petitioner, who is none other than the mother of the detenue has clearly stated before this Court that she will not compel the detenue to marry anyone at present and she will provide all necessary assistance to the detenue to pursue her education. 5.

In view of the assurance given by the mother of the detenue/petitioner that she will provide necessary assistance to continue the education of the detenue, we allow the detenue to join with her mother/petitioner and the detenue also stated that she is willing to stay with her mother and continue her education.

6.

In view of the said submissions and undertakings, there is no need to consider the grounds raised in the present habeas corpus petition and consequently stands disposed of.

[S.M.S., J.] [M.J.R., J.] 06.11.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To 1.

The Inspector of Police, Mathikonpalayam Police Station, Dharmapuri District.

The Superintendent of Police, Dharmapuri District.

The Public Prosecutor, Madras High Court, Chennai - 104.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

veda H.C.P.No.2590 of 2024 06.11.2024