Pramila v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.[MD].No.1395 of 2016 Pramila : Petitioner Vs.

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

2. The Inspector of Police, Madukkur Police Station, Thanjavur District.

3. Kannan : Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to secure the detenu and produce the body or person of the detenu viz., Mathumitha D/o.Stalin, aged 17 years before this Court, illegally detained by the 3rd respondent and hand over the custody of the detenu to the petitioner forthwith. For Petitioner : Mr.S.Deenadhayalan For respondents 1 & 2 : Mr.A.Ramar, Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.V.MURALIDARAN, J.] One Prema has filed his Habeas Corpus Petition alleging that her daughter by name Mathumitha D/o.Stalin, aged 17 years, has been missing from 07.10.2016. In this regard, she had already lodged a complaint on 11.10.2016 and the same was registered in Crime No.354 of 2016 under Section 366-A IPC altered into under Section 4(1) of the Protection of Children from Sexual Offences Act, 2012.

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2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. Today, the detenu viz., Mathumitha produced before this Court by the second respondent. On our enquiry, she told that one Kannan, who is her younger father, has taken her to Ooty and compelled to marry him. Later on, the Police has arrested the said Kannan and remanded him to judicial custody. The detenu further stated that she wants to go with her mother viz., the petitioner. The said statement is recorded.

4. In view of the above, we are inclined to entrust the custody of the minor girl to her mother viz., the petitioner herein. The second respondent Police is directed to expedite the investigation in the above case. This Habeas Corpus Petition is, accordingly, disposed of.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Madukkur Police Station, Thanjavur District.

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

+ 1 CC TO Mr.S.DEENADHAYALAN, ADVOCATE IN SR No. 63615 GCG TE/GSV-PM : 11/11/2016 : 2P/5C Order made in H.C.P.[MD].No.1395 of 2016 Dated:

24.10.2016 https://hcservices.ecourts.gov.in/hcservices/