Jaganathan v. The State Rep. By The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.12.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN --- Jaganathan .. Petitioner Vs.

1. The State rep. by The Superintendent of Police Ranipet District, Ranipet

2. The Deputy Superintendent of Police Arakkonam Circle Arakkonam, Ranipet District

3. The Inspector of Police Arakkonam Taluk Police Station Arakkonam, Ranipet District

4. Munnusamy

5. Bhanumathi .. Respondents Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to direct the respondents 1 to 3 to produce the person of the petitioner's friend namely M.Priya D/o.Munnusamy, aged 18 years before this Court and set her at liberty. For Petitioner : Ms.R.Arthi For R1 to R3 : Mr.A.Damodaran, Additional Public Prosecutor assisted by Mr.M.Karthikeyan 1 / 5

ORDER

(The Order of the Court was made by P.Velmurugan, J) This Habeas Corpus Petition has been filed to direct the respondents 1 to 3, to produce the person of the petitioner's friend namely M.Priya D/o.Munnusamy, aged 18 years, before this Court and set her at liberty.

2. According to the petitioner, the detenu has been illegally detained by their parents and that the detenu has sent him several messages to secure her. But the fact is that, the victim girl, before attaining majority, had eloped with the petitioner herein and based on the complaint lodged by the mother of the detenu, a case in Crime No.304 of 2025 was registered against the petitioner on 28.07.2025 for 'girl missing'. Subsequently, the girl was secured by the police and handed over to her parents. The detenu has also given a statement that the petitioner married her and also had physical relationship with her during the period of elopement.

Subsequently, on completion on investigation, the 3rd respondent police filed the charge sheet before the jurisdictional Court against the petitioner herein, for the offences under Sections 5(l), 6, 17 and 21(1) of the POCSO Act, 2012, Section 9 of the Child Marriage Restraint Act, 1929 and Section 87 of the BNS, 2023 and the same is pending cognizance. Such being the position, the petitioner has filed the present petition seeking to produce the detenu before this Court and to set her at liberty.

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3. When matter came up before this Court on 16.12.2025, this Court had directed the respondents/police to produce the detenu before this Court on 17.12.2025.

4. Accordingly, the detenu was produced before this Court today (17.12.2025) and this Court heard the submissions of the detenu.

5. It is seen that now the detenu has attained majority and she can work out her remedy in the manner known to law.

6. Since the petitioner herein is involved in the offence under the POCSO Act, the 3rd respondent police is directed to take action against the petitioner herein/accused in Crime No.304 of 2025, in accordance with law.

7. With the above observation and direction, this Habeas Corpus Petition is dismissed.

(P.V., J) (M.J.R., J) 17.12.2025 ksa-2 3 / 5

To

1. The Superintendent of Police Ranipet District, Ranipet

2. The Deputy Superintendent of Police Arakkonam Circle Arakkonam, Ranipet District

3. The Inspector of Police Arakkonam Taluk Police Station Arakkonam, Ranipet District

4. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J and M.JOTHIRAMAN, J ksa-2 17.12.2025 5 / 5