N.Kala v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.532 of 2023 N.Kala ... Petitioner / Mother of the detenue Vs.

The Inspector of Police, Pudukottai Police Station, Thoothukudi, Thoothukudi District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondent to produce the body and person of the detenue by name Naveena Inbha, Daughter of Nattarkani, aged about 15 years before this Court and hand over her custody to the petitioner.

For Petitioner : Ms.M.Manimegalai For Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor 1/4

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner, seeking production of her daughter, namely, Naveena Inbha, aged about 15 years, has filed this Habeas Corpus Petition. 2.Today, when the matter is taken up for hearing, the respondent Police has produced the detenue girl. She claimed that she fell in love with one Murugesh of Tirunelveli District, who is a Driver by profession with whom the detenue claimed that she married and had been living with him for the past three months. In the result, she herself claimed that now, she is pregnant.

3.Since the date of birth of the detenue girl is 13.10.2008, she is a minor. Therefore, the learned Additional Public Prosecutor for the respondent would submit that the detenue girl has been secured only on 19.06.2023 and has been produced before this Court today (20.06.2023) and in view of the aforestated, after due enquiry, necessary action would be taken by filing a case against that boy under the provisions of POCSO Act 2/4

and after conducting medical examination with the detenue girl, needful would be undertaken by the respondent Police in accordance with law. Till such time, the detenue girl can be permitted to stay at a Home, for which, necessary arrangement would be made by the respondent Police. 4.In view of the aforestated, this Habeas Corpus Petition by recording the same, is closed.

(R.S.K., J.) & (K.K.R.K, J.) 20.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Inspector of Police, Pudukottai Police Station, Thoothukudi, Thoothukudi District.

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

3/4

R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR H.C.P.(MD)No.532 of 2023 20.06.2023 4/4