K.Unnamalai v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR Habeas Corpus Petition No.3244 of 2024 K. Unnamalai ... Petitioner Vs.

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

2. The Inspector of Police, Thirukoilur Police Station, Thirukoilur, Kallakurichi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the respondent 1 and 2 to produce the body of the detenue/petitioner's minor daughter namely M.Kavitha, (F/16) before this Court and hand over to the petitioner. For Petitioner : Mr.K.Narayanan For R1 & R2 : Mr.s.Rajakumar Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of habeas corpus has been instituted to direct the respondents 1 and 2 to produce the minor detenue namely M.Kavitha, aged about 16 years.

2. The Sub Inspector of Police - G.Selvam and Kanagaparam (WGrade I 528), Thirukovilur Police Station, Kallakurichi secured the minor detenue from Bangalore and produced before this Court.

3. We have examined the detenue. She is a minor. She went along with her friend to Bangalore. At present, the minor detenue states that she is willing to stay along with her mother.

4. The learned Additional Public Prosecutor would submit that criminal case has been registered against one Mr.Ayyappan under the Protection of Children from Sexual Offences (POCSO) Act.

5. Since the detenue has been secured, she also agreed to stay along with her mother, the detenue is not under illegal detention.

6. Accordingly, the Habeas Corpus Petition stands disposed of. [S.M.S., J.] [K.R.S., J.] 12.02.2025 Index: Yes/No Internet:Yes/No ssi To 1.The Superintendent of Police, Kallakurichi District, Kallakurichi.

2. The Inspector of Police, Thirukoilur Police Station, Thirukoilur, Kallakurichi District.

S.M.SUBRAMANIAM, J.

AND K.RAJASEKAR, J.

ssi H.C.P.No.3244 of 2024 12.02.2025