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Madras High CourtHCP(MD)/750/2025closed

Panner Selvam v. The State Of Tamil Nadu

2025-07-03Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mr.Justice G.Arul Murugan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN H.C.P(MD)No.750 of 2025 Panner Selvam ... Petitioner/ detenue's father -VsThe State of Tamil Nadu 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Maraneri Police Station, Virudhunagar District.

(Cr.No.153 of 2025) ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenue namely Minor Selvarani (aged 17 years) D/o.Panner Selvam before this Court and hand over her custody to the petitioner.

For Petitioner : Mr.M.Pandian For R1 & R2 : Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition has been filed by the petitioner seeking for a direction to direct the respondents 1 and 2 to produce the body or person of the detenue namely Minor Selvarani (aged 17 years) D/o.Panner Selvam before this Court and hand over her custody to the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2.

3. The case of the petitioner is that his minor daughter aged about 17 years had completed 12th standard and she was waiting to join college in the coming academic year. During the holidays, the missing girl was working in the fireworks factory. On 14.06.2025 the petitioner's daughter saying that she was having stomach pain did not go to fire work. While the petitioner and his wife returned back to home, they found that their minor daughter was missing. The

petitioner had given a complaint before the second respondent on 14.06.2025, the respondents had registered a case in Cr.No.153 of 2025 on the same day for 'girl missing'. However, they did not proceed further to find out the missing person, thereby, present habeas corpus petition has been filed.

4. When the matter was listed on 30.06.2025, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the preliminary enquiry recorded that the missing minor girl had gone along with one Eswaran, who was working with her in the fireworks office and that they were found somewhere near Chennai and today the respondent police has produced the minor girl before this Court.

5. The learned Additional Public Prosecutor submitted that the minor girl was abducted by one Eswaran, who was working in the same fireworks factory and they were traced and secured at Chennai and they have been brought back to the respondent police station finding that the said Eswaran is a married man, the respondent police have taken steps to alter the offence to under the POCSO Act and the said Eswaran has been remanded into judicial custody and the minor girl is produced before this Court. He would further submit that the medical examination on the girl has been completed and the statement under

Section 164 Cr.P.C., is yet to be recorded from the minor girl. Now, the victim girl expressed her willingness to go along with her Aunt Panchavarnam.

6. We enquired the missing girl and she submitted that she had gone along with one Eswaran, who was working with her in the fireworks factory and later she came to know that the Eswaran is a married man and she expressed her willingness to go along with her maternal aunt Panchavarnam and to continue her studies. Taking note of the submission and finding that the minor girl has been secured and she has expressed her willingness to go along with her maternal aunt Panchawarnam, this habeas corpus petition is closed. [A.D.J.C., J.] & [G.A.M., J.] 03.07.2025 NCC:Yes/No Index:Yes/No am

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

2.The Inspector of Police, Maraneri Police Station, Virudhunagar District.

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

A.D.JAGADISH CHANDIRA , J.

AND G.ARUL MURUGAN , J.

am H.C.P(MD)No.750 of 2025 03.07.2025