Sabapathi v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.11.2024 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Sabapathi S/o Kuppannagounder ..
Petitioner v.
1. The Superintendent of Police Namakkal District, Namakkal
2. The Inspector of Police Namagiripettai Police Station Namakkal, Namakkal District
3. Maniraja ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, directing the 2nd respondent to produce petitioner's daughter detenue, namely, Indu, D/o Sabapathi, aged about 17 years, before this Hon'ble Court and handover to the petitioner and set her at liberty.
For Petitioner ::
Mr.M.Selvam For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor for R1 & R2
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of habeas corpus has been instituted to direct the second respondent to produce the petitioner's daughter, namely, Indu, aged about 17 years.
2. The date of birth of the detenue is 20.12.2006 and therefore she has completed 17 years and 11 months. The second respondent produced the detenue before this Court. We have examined the minor girl, who is capable of understanding what is good and bad. She is willing to pursue her education by staying in the Government Home. She is not willing to join with her parents, for the reasons best known to the minor girl. When the minor girl, aged about 17 years, is capable of taking a decision about her life, we are inclined to allow her to stay at the Government Home and pursue her education. The detenue was studying 12th Standard in a Government
school and therefore the authorities of the Home are directed to allow the detenue to pursue her Higher Secondary Course by attending classes in the school. All adequate and necessary arrangements shall be made to enable the detenue to continue her education. With these observations, the habeas corpus petition stands disposed of.
Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 05.11.2024 ss To
1. The Superintendent of Police Namakkal District, Namakkal
2. The Inspector of Police Namagiripettai Police Station Namakkal, Namakkal District
3. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 05.11.2024