Mallika, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN AND THE HONOURABLE MR.JUSTICE N.SESHASAYEE H.C.P.[MD].No.586 of 2017 Mallika .. Petitioner Vs.

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

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai.

3.Thamaraikani S/o Selvam .. Respondents PRAYER: Habeas Corpus Petition has been filed under article 226 of the Constitution of India praying to issue a WRIT OF HABEAS CORPUS or any other appropriate order or direction in the nature of Writ directing the Respondents 1 & 2 to produce the person or body of petitioner's daughter namely Prema daughter of Late Mathibalan aged 17 years before this Hon'be Court and hand over. For Petitioner : Mr.R.Manoharan For respondents 1 & 2 : Mr.A.Ramar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.V.MURALIDARAN, J.] The petitioner herein, who is the mother of the detenu by name Prema, aged about 17 years, has come with this Habeas Corpus Petition alleging that the third respondent is illegally detained the detenu.

2.Today, when the matter was taken up for hearing, the detenu was produced by the second respondent. On enquiry, the detenu reported that she is not willing to go with her parents. Therefore, the matter is placed before the Mediation and https://hcservices.ecourts.gov.in/hcservices/

Conciliation Centre attached to this Bench. In the mediation also, the detenu stated that she is not willing to go with her parents. Thereafter, the matter was remanded back to this Court. On enquiry, the detenu stated that she has married the third respondent, by name, Thamaraikani, S/o Selvam. The said statement is recorded.

3. The learned Additional Public Prosecutor submits that the third respondent was arrested and remanded to judicial custody.

4. Considering the fact that the detenu is aged about 17 years, being minor girl, this Court is inclined to send her to the home, namely, Sakthi Vidiyal Home, Muthupatti, Pazhanganatham, Madurai. Therefore, the second respondent police is directed to hand over the detenu to the said home. The detenu is directed to stay in the home till she attains majority.

With the above direction, this Habeas Corpus Petition is closed.

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukkottai,Pudukkottai District.

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai.

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

Copy to :

The Sakthi Vidiyal Home, Muthupatti, Pazhanganatham, Madurai.

Skn JS/MMS/SAR.3/18.05.2017/2P-5C Order made in H.C.P.[MD].No.586 of 2017 Dated: 18.05.2017 https://hcservices.ecourts.gov.in/hcservices/