Malar v. The Director General Of Police, Chennai,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.05.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR Malar ... Petitioner Vs.

1.The Director General of Police, Kamarajar Road, Kailasapuram, Chennai.

2.The Commissioner of Police, Office of Commissioner of Police, 3.The Inspector of Police, Thallakulam Police Station, 4.Muthu Ayyanar @ Aji 1/6

5.The Inspector of Police, Maatuthavani Police Station, ... Respondents (R5 is suo motu impleaded vide order dated 15.04.2026 in H.C.P(MD)No.416 of 2026) PRAYER:- Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the 1st, 2nd & 3rd respondents to produce the body or person of the detenue namely Vairalatha D/o.Manikandan aged about 15 years, who is Granddaughter of the petitioner before this Court and to handover the detenue to the custody of the petitioner. For Petitioner : No appearance For RR 1 to 3 & 5 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) This Habeas Corpus Petition has been filed seeking a direction to the respondents 1 to 3 and 5 to secure and produce the petitioner's granddaughter, namely, Vairalatha, before this Court. 2/6

2.The petitioner is the grandmother of the detenue, who is aged about 15 years and was born on 03.08.2010. The detenue was under the care and custody of the petitioner. While so, the detenue went missing from her residence and, therefore, the petitioner lodged a complaint. On receipt of the said complaint, an F.I.R was registered in Crime No.100 of 2026 on the file of the Inspector of Police, Mattuthavani Police Station, Madurai. 3.Pending investigation, the fifth respondent secured the victim girl and produced her before this Court. 4.The minor victim girl deposed before this Court that she is ready and willing to go with the petitioner, who is her grandmother.

5.The learned Additional Public Prosecutor appearing for respondents 1 to 3 and 5 submitted that, after investigation, the fifth 3/6

respondent filed an alteration report incorporating the offences under the POCSO Act. Therefore, the fifth respondent has to examine the minor victim girl and also subject her to medical examination. 6.In view of the above, since the detenue/victim girl is a minor and is presently confined in a home, the custody of the detenue is handed over to the petitioner. The detenue is directed to co-operate with the fifth respondent for the purpose of investigation, including recording of her statement under Section 164 Cr.P.C. and for undergoing medical examination.

7.With the above directions, this Habeas Corpus Petition is disposed of.

[G.K.I.J.,] & [K.R.S.J.,] 13.05.2026 NCC : Yes/No Index : Yes/No ps 4/6

To 1.The Director General of Police, Kamarajar Road, Kailasapuram, Chennai.

2.The Commissioner of Police, Office of Commissioner of Police, 3.The Inspector of Police, Thallakulam Police Station, 4.The Inspector of Police, Maatuthavani Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 5/6

G.K. ILANTHIRAIYAN, J.

AND K.RAJASEKAR, J.

ps 13.05.2026 6/6