Sathya Bama v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sathya Bama ... Petitioner -vs1.The Superintendent of Police, O/o.the District Superintendent of Police, Madurai District, Madurai.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents herein to produce petitioner's daughter namely Minor Vennila (17 years) D/o.Late.Vellaisamy before this Court and hand over the custody to the petitioner based on the representation of the petitioner dated on 13.06.2024 within stipulated time.

For Petitioner :Mr.R.Boopathi For R1 & R2 :Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the mother of the detenu seeking to produce the alleged detenu namely Minor Vennila, aged about 17 years, D/o.Late.Vellaisamy before this Court and hand over the custody to the petitioner.

2. The case of the petitioner is that the alleged detenu has completed 12th standard and on 12.06.2024 at about 12.00 p.m., her daughter was missing. Therefore, she lodged a complaint before the respondent police on 13.06.2024. Since the respondent police have not taken any steps on the petitioner's representation, she has filed the present habeas corpus petition.

3. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit

that based on the complaint given by the petitioner, the respondent police searched the detenu. During the investigation, it came to light that the detenu went along with one Nehru, who is also residing in the same village and she is residing in the Nehru's house. This is a case of love affair. Now, the case was transferred to All Women Police Station, Melur.

4. Today, the respondent police has produced the detenu before this Court. We enquired the detenu. She expressed her willingness to go along her parents and based on her willingness, she is handed over to her parents.

5. Accordingly, this habeas corpus petition is closed. The second respondent is directed to proceed in accordance with law. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 24.06.2024 Index : Yes / No Internet : Yes / No am

To:

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

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

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 24.06.2024