Pandi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD H.C.P.(MD) No.929 of 2024 Pandi ... Petitioner / father of the detenu Vs.
1. The Superintendent of Police, Madurai District, Madurai.
2. The Inspector of Police, Silaiman Police Station, Madurai District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the 2nd Respondent to produce the petitioner's daughter / Detenu Pandeeswari aged 24 years, D/o.M.Pandi before this Court and set her at liberty. 1/6
For Petitioner : Mr.A.Vadivel For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
The petitioner is the father of Pandeeswari, aged about 24 years. He has filed the present Habeas Corpus Petition seeking to produce her.
2. It is stated that she had married Katturaja of Thethankulam, Othakadai, Madurai District, and a female child, Nandhika Sri, now aged about 3 years, had been born. Unfortunately, her husband deserted her and had moved away with another lady. The daughter Pandeeswari, thereafter, went over to Periyakulam and we are informed that she is staying with another individual. She had left the young child and gone over to Periyakulam. It was under those circumstances, the Habeas Corpus Petition has been filed seeking to produce her body.
3. The second respondent had produced the young lady, Pandeeswari. We had a deep discussion with her. She is very resolute 2/6
and she would only go to Periyakulam and that she would not go with the petitioner/her father. The petitioner belongs to Scheduled Caste community. The boy with whom his daughter has began her relationship belongs to Konar community. But she stated that she had been living in the house of that boy at Periyakulam for over a month. She is now willing to take her young child/daughter with her to Periyakulam. She also informs that the said boy also knows about the birth of her daughter. She hopes for a better future at Periyakulam. Since she had been produced and expressed her views in clear terms, we will have to necessarily record her views and hope that nothing amiss will happen in the future.
4. But however, to ensure that particular fact, we would place a request to the District Legal Services Authority at Theni District, to further inform the Legal Services Authority at Periyakulam and get details about the daughter of petitioner, Pandeeswari from the All Women Police Station, Periyakulam, and if possible counsel her about her future and the fact that she is now living in a strange family and to ensure her future, she must require education and some security and one of the best possible sources of security would be her own parents. 3/6
5. Let some counselling be done to her by a trained counsellor at Periyakulam itself.
6. Recording as above, the Habeas Corpus Petition is closed. (C.V.K., J.) (J.S.N.P, J.) 14.08.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM Note : Registry is directed to mark a copy of this order to the Member Secretary, District Legal Services Authority, Theni, along with a copy of the petition in H.C.P(MD)No.929 of 4/6
To
1. The Superintendent of Police, Madurai District, Madurai.
2. The Inspector of Police, Silaiman Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to 4.The Member Secretary, District Legal Services Authority, Theni.
5.The All Women Police Station, Periyakulam.
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C.V.KARTHIKEYAN, J.
and J.SATHYA NARAYANA PRASAD, J.
RM ORDER MADE IN H.C.P.(MD) No.929 of 2024 14.08.2024 6/6