Papathi v. The Superintendent Of Police

H.C.P.(MD) No.1166 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1166 of 2021 Papathi ... Petitioner/ Mother of the detenu -vs1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station, Karur District.

... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenue, petitioner's Minor Daughter namely P.Ramya, aged about 16 years, before this Court and hand over the custody of the detenue to the petitioner.

For Petitioner :

Mr.S.Sarvagan Prabhu For Respondents :

Mr.A.Thiruvadikumar Standing counsel for the State

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's daughter by name P.Ramya, aged about 16 years, found missing, the petitioner has lodged a complaint before the second respondent police. But, so far no action has been taken to secure the detenu. Hence, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, the learned Standing counsel appearing for the respondents would submit that the minor girl eloped with one Karuppiah, aged about 19 years, belongs to same village and now both the boy and the detenu were secured and the respondent police arrested the boy and produced the minor girl before this Court. On enquiry, she has stated that she is not willing to go with the parents and now staying at Heads Home, Kuzhithalai.

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H.C.P.(MD) No.1166 of 2021

3. Considering the fact that the detenue is a minor and she is not willing to go with her parents, the detenue is directed to stay at, 'Heads Home', at Kulithalai. The second respondent police is directed to produce the girl in the above said Home. Consequently, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/akv Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station, Karur District.

3.The Officer -in-charge, Heads Home, Kulithalai.

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

ORDER MADE IN H.C.P.(MD) No.1166 of 2021 13.09.2021 GC(21.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2