Lakshmi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.365 of 2025 Lakshmi ... Petitioner/ Mother of the detenu -Vs1.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.
2.The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.
(Crime No.116 of 2025) 3.Hariharan ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 herein to produce the body or person of the petitioner's daughter Sivasakthi, aged about 17 years, son of Palanivel before this Court and hand over her custody to the petitioner.
For Petitioner : Mr.B.Jameelarasu For R1 & R2 : Mr.A.Thiruvadikumar, Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition has been filed by the petitioner seeking for a direction to direct the respondents 1 & 2 herein to produce the body or person of the petitioner's daughter Sivasakthi, aged about 17 years, son of Palanivel before this Court and hand over her custody to the petitioner.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2.
3. Alleging that the petitioner's daughter aged about 17 years was missing from 25.02.2025 and despite registering a case in Cr.No.116 of 2025 as 'Girl Missing', no steps were taken by the second respondent police, the present habeas corpus petition has been filed.
4. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that based on the complaint given by the petitioner in respect of missing of her daughter, a case has been registered in Crime No.116 of 2025 under the caption 'Woman Missing' on 27.02.2025. During the course of investigation, it came to
light that the third respondent, who is the neighbour of the petitioner, had taken the detenue to Erode. The detenue had called her mother and returned back to the home and she was found to be pregnant by three months. The statement of the detenue was recorded, wherein, she had stated that the third respondent had taken her to Erode and other places, where he had committed sexual assault. On the request and willingness of the detenu, abortion has been conducted and the detenue has expressed her willingness to go along with her mother. Now the case in Cr.No.116 of 2025 has been transferred to All Women Police Station, Pattukottai for registration of case under POCSO Act. The learned Additional Public Prosecutor also produced the statement of the petitioner as well as the detenu before this Court. We heard the detenu and she expressed her willingness to go along with her mother.
5. Recording the submissions of the learned Additional Public Prosecutor that the missing girl has been secured and that she has expressed her willingness to go along with her mother, this habeas corpus petition is closed. [A.D.J.C., J.] & [R.P., J.] 12.06.2025 NCC:Yes/No Index:Yes/No am
To 1.The Superintendent of Police, Thanjavur District.
2.The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
am H.C.P(MD)No.365 of 2025 12.06.2025