Selvi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Selvi ... Petitioner/mother of the detenue Vs.

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

2.The Inspector of Police, Radhapuram Police Station, 3.The Inspector of Police, All Women Police Station, Valliyoor, 4.Satheesh @ Thalavai 5.Ramji @ Ramkumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents 1 to 3 to produce the body or person of the detenue namely Minor Muthumari, Daughter of Baghavathi, aged about 17 years before this Honourable Court and hand over her to the petitioner. For Petitioner : Mr.A.Karthik For R-1 to R-3 : Mr.S.Ravi Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of the person of her minor daughter Muthumari, aged about 17 years.

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2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. It is the case of the petitioner that said Muthumari went missing on 09.12.2021 and the respondent police secured her on 16.12.2021 and handed over her to the petitioner on 17.12.2021. Again, she eloped with the fourth respondent viz., Satheesh @ Thalavai on 20.12.2021.

4.The learned counsel for the petitioner would submit that the fourth respondent is still in the village and the detenue is missing.

5. Though it is a case of elopement, considering the age of the detenue, we direct the respondent Police to secure the minor girl and to produce her before the Jurisdictional Magistrate for appropriate further proceedings. The Deputy Superintendent of Police, Tirunelveli District, is directed to monitor the investigation in this case.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 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 Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, 3.The Inspector of Police, Radhapuram Police Station, 2/3

4.The Inspector of Police, All Women Police Station, Valliyoor, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.KARTHIK, Advocate ( SR-6291[F] dated 15/02/2022 ) 15.02.2022 RK(28/02/2022) 3P 7C 3/3