Shanmugam v. The Superintendent Of Police

H.C.P.(MD) No.345 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.345 of 2021 Shanmugam ... Petitioner -vs1.The Superintendent of Police, Pudukkottai & District.

2.State rep. by The Sub-Inspector of Police, Panayapatti Police Station, Pudukkottai District.

3.Sivasamy 4.Subramanian 5.Vasantha ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the 1st and 2nd respondents herein to produce the body or person of the petitioner's minor daughter namely, Rajalakshmi, aged about 15 years before this Court and hand over the custody to the petitioner. For Petitioner :

Mr.R.Venkatesan For Respondents :

Mr.S.Ravi Standing Counsel for Tamil Nadu Government for r1 & R2

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed for a direction to the 1st and 2nd respondents to produce the petitioner's minor daughter namely, Rajalakshmi, aged about 15 years before this Court and hand over her custody to the petitioner.

2.Heard Mr.R.Venkatesan, learned counsel appearing for the petitioner and Mr.S.Ravi, learned Standing Counsel appearing for the respondents 1 and 2.

3.When the matter is taken up for hearing today, the petitioner as well as the detenue appeared before this Court through video conferencing from the Public Prosecutor's Office. On enquiry, the detenue would state that the third respondent is her neighbour and they had love affair. She further stated that on her own volition, she left her parental home and married the third respondent on https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.345 of 2021 18.02.2021 and thereafter, both stayed at Karnataka till the third respondent was secured viz., on 11.07.2021 and now she wants to go with her father, the petitioner herein, who has also accepted the same.

4.The learned Standing Counsel appearing for the State would submit that the third respondent was secured and also remanded to the judicial custody by the police and the case was now altered into POCSO Act.

5.Recording the statement of the detenue, this habeas corpus petition is closed Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) skn 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, Pudukkottai & District.

2.The Sub-Inspector of Police, Panayapatti Police Station, Pudukkottai District.

3.The Standing Counsel for Tamil Nadu Government, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.VENKATESHAN, Advocate ( SR-22471[F] dated 14/07/2021 ) H.C.P.(MD) No.345 of 2021 12.07.2021 ES(CO) KB(29.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2