K.Sundarapandi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.482 of 2023 K.Sundarapandi ... Petitioner / Father of the detenue Vs.

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

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

3.Ranjithkumar

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 2nd and 3rd Respondents to produce the body or person of the petitioner's daughter namely Kamali, S/o. Sundarapandi, aged 14 years before this Hon'ble Court and handover the custody to the petitioner.

For Petitioner : Mr.M.Chandrabose 1/4

For Respondents : Mr.R.M.S.Sethuraman 1 & 2 Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This Habeas Corpus Petition has been filed seeking a direction to the 2nd and 3rd Respondents to produce the body or person of the petitioner's daughter, namely, Kamali, aged 14 years before this Court and handover the custody to the petitioner.

2. Pursuant to the earlier proceedings, today also, the detenue has been produced before this Court after completing the medical formalities. The medical report has been filed before this Court, where the doctor certified that the detenue girl had illicit relationship with the boy viz., Ranjithkumar. Based on the said medical report, the F.I.R. already filed as girl missing case was altered into the case for the offences under Sections 366 I.P.C. r/w 9 of C.MR Act and 5(1) and 6 of POCSO Act, pursuant to which the boy was arested and remanded.

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3. Insofar as the detenue girl is concerned, since she is a minor girl and the petitioner is the father of the minor detenue girl and he wants to take her back, we feel that the detenue girl shall be taken back by the petitioner / father and he must take care of the well being of the detenue girl.

4. With the above directions, this Habeas Corpus Petition is closed.

(R.S.K., J.) & (K.K.R.K, J.) 25.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No SJ To 1.The Superintendent of Police, Madurai, Madurai District.

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

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

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

SJ H.C.P.(MD)No.482 of 2023 25.04.2023 4/4