P.Poongavi v. The State Of Tamil Nadu Rep By The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN P.Poongavi Petitioner(s) Vs

1. The State of Tamil Nadu rep by The Commissioner of Police Tiruppur City, Tiruppur.

2.The Inspector of Police Velmapalayam Police Station, Tiruppur.

3.Sasikumar Respondent(s) PRAYER

This Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the Minor. Kanishka D/o. Balasubramani aged about 15 years under the illegal custody of the 3rd respondent before this Honble Court and hand over the custody to the petitioner.

For Petitioner(s):

Mr.S.Krishnan For Respondent(s):

Mr. A.Damodaran, Addl. Public Prosecutor, for R1 And R2

ORDER

(Order of the Court was made by N.Sathish Kumar J.) This Writ of Habeas Corpus has been filed by the petitioner seeking a direction to secure and produce her minor daughter, Kanishka, from the illegal custody of the third respondent.

2. The minor girl was secured and produced before this Court from Life Line Trust , Tiruppur.

3. On interaction with the minor girl, she expressed her difficulty in going with her mother. According to her, in view of the family issues, she left the house. However, she is now willing to go with her grand mother Rajeshwari and grand father Ravindrakumar, and not with her mother.

4. The minor appears to be capable of understanding the nature of the proceedings, and is sufficiently mature, though legally a minor, to express a considered preference. Having taken note of her willingness and keeping in mind her welfare, we are of the view that it would be appropriate to permit the minor to go with her grandparents.

5. Accordingly, the minor girl Kanishka is permitted to go and reside with her grandmother Rajeshwari and grandfather Ravindrakumar.

6. With the above direction, this Habeas Corpus Petition is closed. (N.SATHISH KUMAR J.) (M.JOTHIRAMAN J.) 25-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mrp To 1.The Commissioner of Police, State of Tamil Nadu, Tiruppur City, Tiruppur.

2.The Inspector of Police Velmapalayam Police Station, Tiruppur.

3. The Public Prosecutor, High Court of Madras, Chennai.

N.SATHISH KUMAR J.

AND M.JOTHIRAMAN J.

mrp

25-11-2025