Perumal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.03.2024

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN H.C.P.(MD) No.375 of 2024 Perumal ... Petitioner/Father of the detenue -vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

....Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus directing the respondents to produce the body or person of the detenue namely Minor Ramya, daughter of Perumal, aged 16 years before this Court and hand over the custody to the Petitioner.

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For Petitioner :

Mr.T.Vadivelan For Respondents :

Mr.RMS.Sethuraman, Addl.Public Prosecutor

O R D E R

DR.G.JAYACHANDRAN,J.

AND C.KUMARAPPAN,J.

This habeas corpus petition has been filed by the father of the detenue seeking for a direction to the respondents to produce the body or person of the detenue namely, Minor Ramya, daughter of Perumal, aged 16 years before this Court and hand over the custody to the Petitioner.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The 16 years old daughter of the Petitioner has been now secured. She had eloped with one Matheswaran, who is now absconding.

4.The learned Additional Public Prosecutor appearing for the 2/5

respondents submit that action to register a case as against the absconding accused under the POCSO Act has been initiated. He would futher submit that the detenue will be subjected to medical test and thereafter sent to home.

5.Recording the above said submission, the Habeas Corpus Petition is closed. However, the Respondents/Police is directed to subject the girl for medical examination, record her statement under Section 164 of Cr.P.C., and place her in a Home till necessary preliminary investigation is completed and thereafter, if the girl/detenue is willing to join with her mother, she can be allowed to join with her mother.

[G.J.,J.] [C.K.,J.] 21.03.2024 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To:

1.The Superintendent of Police, Madurai District, 3/5

Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

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

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vDR.G.JAYACHANDRAN,J.

AND C.KUMARAPPAN,J.

vsn ORDER MADE IN H.C.P.(MD) No.375 of 2024 21.03.2024 5/5