Veeravadivukarasi v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE M.S.RAMESH H.C.P.[MD].No.220 of 2017 Veeravadivukarasi : Petitioner Vs.

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

2. The Inspector of Police, Udaiyalipatti Police Station, Udaiyalipatti,Pudukkottai District.

3. The Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

4.Karthi 5.Murugesan 6.Chellammal 7.Mariappan : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 2 and 3 to produce the body or person of the detenue namely Minor Veerasuvathi, daughter of Veeravadivukarasi, aged about 16 years, before this Court and hand over the custody of minor daughter to the petitioner.

For Petitioner : Mr.D.Senthil For Respondents 1to3 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] Seeking production of the detenue-Veerasuvathi, aged about 16 years, the petitioner, who is the mother of the detenue, has filed the present Habeas Corpus Petition.

2. In the affidavit filed in support of the petition, it is averred that on 04.02.2017, the detenue went to School for special class and after completing the class hours, she returned to home and at that time, the respondents 4 to 7 herein, with an intention to marry the detenue to the fourth respondent, kidnapped her. Since the whereabouts of the detenue was not known, the father of the petitioner has lodged a complaint before the third respondent https://hcservices.ecourts.gov.in/hcservices/

on 07.02.2017. However, no action was taken so far to secure the detenue. Hence, the petitioner is before this Court with the present petition.

3. Today, when the matter was taken up for consideration, the detenue was produced before us. When we enquired the detenue, she had stated that she is along with her father only and there is some dispute between her father and mother. Further, she expressed her willingness to go along with her father.

4. At this juncture, the learned counsel for the petitioner submitted that the detenue is a minor and as the detenue was kidnapped, the father of the petitioner has lodged a complaint with the respondent police on 07.02.2017.

5. In view of the above said submission made by the learned counsel for the petitioner, this Court directs respondent police concerned to enquire into the complaint and if any cognizable offence is made out, proceed further in accordance with law.

6. In view of the submission made by the detenue, since there is no illegal detention, the Habeas Corpus Petition is closed leaving the custody of the detenue to her father. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Udaiyalipatti Police Station, Udaiyalipatti,Pudukkottai District.

3. The Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

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

+1cc to M/S.D.SENTHIL, Advocate SR.No.12056 Order made in H.C.P.[MD].No.220 of 2017 JM/KP/SAR 4/20.04.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/