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Madras High CourtHCP(MD)/92/2020closed

B.Rajathi v. The Superintendent Of Police

2020-02-25Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD)No.92 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD)No.92 of 2020 B.Rajathi ... Petitioner Vs.

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

2.The Inspector of Police, Patteswaram Police Station, Thanjavur District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to secure the detenue and produce the body or person of the detenue viz., Keerthiga, D/o.Baskar, aged 17 years before this Court and hand over the custody of the detenue to the petitioner forthwith.

For Petitioner : Mr.V.Pandi For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

[Order of the Court was made by T.RAJA, J.] This petition has been filed by the mother of the detenue seeking a direction to the respondents 1 and 2 to secure the detenue and produce the body or person of the detenue viz., Keerthiga, aged 17 years, D/o.Baskar, before this Court and hand over the custody of the detenue to the petitioner forthwith.

2.Today the detenue was produced before us by the respondent police. Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents would submit that the detenue after realizing the importance of her studies, agreed to go with her https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.92 of 2020 parents. He would further submit that a case has been registered against the abductor viz., M.Dinesh Moorthy, for the offences under Sections 366(A) IPC and Sections 5(l) and 6 of POCSO Act and Section 9 of the Prohibition of Child Marriage Act and he has been arrested and remanded to judicial custody.

3.We have also interrogated with both the detenue and her mother. The detenue agreed to go with her parents. The mother of the detenue has also agreed to continue her daughter's studies. 4.Recording the abovesaid statements, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Thanjavur, Thanjavur District.

2.The Inspector of Police, Patteswaram Police Station, Thanjavur District.

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

+1 CC to M/s.V.PANDI, Advocate ( SR-9028[F] dated 27/02/2020 ) H.C.P.(MD)No.92 of 2020 25.02.2020 smn2 TK/SAR./16.03.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2