R.Dhanalakshmi v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P.(MD)No.214 of 2019 R.Dhanalakshmi : Petitioner Vs.

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

2.The Inspector of Police Sivakasi Town Police Station Sivakasi, Virudhunagar District.

3.Vijay 4.Eswaran : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the 2nd respondent to produce the person or body of the detenu, the petitioner's minor daughter, namely, Palpathirakali, D/o.Ramakrishnan, aged 17 years 3 months before this Court and hand over her custody to the petitioner.

For Petitioner : Mr.M.Solaisamy For Respondents : Mr.M.Chandrasekaran for R1 & R2 Additional Public Prosecutor

ORDER

[Order of the Court was made by B.PUGALENDHI, J] Ms.B.Chandra Devi, Sub Inspector of Police, Sivakasi Town Police Station is present.

2. It is the case of the petitioner that her daughter, viz., Palpathirakali, aged about 17 years and three months went missing on 18.02.2019 and thereafter, her whereabouts were not known. On the complaint lodged by the petitioner, a case in Sivakasi Town Police Station Crime No.128/2019 has been registered under Sections 5 and 6 of the Protection of Children from Sexual Offences Act against one Vijay. Since the police were not able to secure the detenue, this Habeas Corpus Petition has been filed.

3. Today, when the matter was taken up for hearing, Palpathirakali was produced before this Court and she stated that she now wants to go with her mother and pursue her studies. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor also submitted that the accused has been arrested in Crime No.128 of 2019 and has been remanded to custody.

5. In view of the above, the custody of the minor girl, viz., Palpathirakali is handed over to the petitioner. Accordingly, this Habeas Corpus Petition is closed.

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

2.The Inspector of Police Sivakasi Town Police Station Sivakasi, Virudhunagar District.

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

Order made in H.C.P.(MD)No.214 of 2019 04.03.2019 RR ES/21.03.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/