S.Elango v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2023

CORAM

The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.108 of 2023 S.Elango .. Petitioner Vs.

The State rep by, 1.The Commissioner of Police, Madurai Commissioner Office, Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai.

(Crime No.2427/2022) .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents herein to produce the body or person of the petitioner's daughter Sindhuja, D/o.Elango aged about 16 years and hand over to the custody to petitioner. For Petitioner : Mr.L.Prabhu For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus petition has been filed directing the respondents herein to produce the body or person of the petitioner's daughter Sindhuja, D/o.Elango aged about 16 years and hand over to the custody to petitioner.

2. The detenue namely, Sindhuja, a minor girl of 16 years old, who is the daughter of the petitioner. Pursuant to the complaint given by the petitioner, as the detenue is missing for some time, since the police could not trace the detenue, this petition has been filed. During last occasions, the learned Additional Public Prosecutor appearing for the respondents wanted some time to find out the detenue and to produce before this Court.

3. Accordingly, when this petition came up for hearing today, the learned Additional Public Prosecutor submitted that the girl has been secured and she has been produced before this Court.

4. When we enquired the detenue, who is a minor, she stated that she is studying +2, before she writes +2 examination, she had left Nagapattinam District, where she claimed to have worked in a TATOO shop and she made a statement that she wants to go with her parents, ie., the petitioner and his wife, who also present before this Court.

5. The petitioner as well as his wife, ie. the parents of the detenue also appeared before this Court, who stated that they would take care of the wellbeing of the detenue. Recording the same, we feel that the detenue can be permitted to go with her parents, ie., the petitioner and his wife. Accordingly, this petition is closed.

(R.S.K.,J.) (K.K.R.K.,J.) 10.04.2023 Index : Yes/No Internet : Yes RR

To To 1.The Commissioner of Police, Madurai Commissioner Office, Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

RR H.C.P.(MD)No.108 of 2023 10.04.2023