Selvi v. The Inspector Of Police

H.C.P.(MD).No.29 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.29 of 2021 Selvi ... Petitioner/mother of the detenue -vs1.The Inspector of Police, Nagamalaipudukottai Police Station, Madurai.

2.Bharathan@ Vitti ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents to produce the body of the detenue by name Soundarya, who is the petitioner's daughter, aged 16 years before this Court and set her at liberty.

For Petitioner : Mr.D.Malaichamy For R-1 : Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) The petitioner is the mother of the detenue. Alleging that the petitioner's daughter by name Soundarya, aged about 16 years, is found missing from 27.11.2020, the petitioner is said to have given a complaint before the first respondent police. Since no action has been taken by the first respondent police to secure the detenue, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing Counsel appearing for the State, on instructions would submit that based on the complaint given by the petitioner, an F.I.R has been registered in Crime No. 2421 of 2020 on the file of the first respondent police and they have arrested the second respondent and secured the detenue.

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H.C.P.(MD).No.29 of 2021

3. Today, the detenue was produced before us and when we enquired the girl, she has stated that she is not willing to go with her parents and prepared to go to Home.

4. The learned counsel for the petitioner has no objection for sending the girl to Home.

5. Considering the facts that the detenue is a minor and she is not willing to go along with her parents, the first respondent police is directed to send her to 'Sakthi Vidiyal Home, Muthupatti, Madurai', till she attains the age of 18 years.

6. With the above direction, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Inspector of Police, Nagamalaipudukottai Police Station, Madurai.

2.The Superintendent, Sakthi Vidial Home, Muthupatti, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD) No.29 of 2021 04.08.2021 RK (11.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2