Indhrani v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Indhrani ... Petitioner -vs1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pudukottai Town, Pudukottai District.
3.The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.
4.Karuppaiya 5.Surya ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents 1 to 3 to produce the person or body of the detenu by name Pravena, daughter of Mathiniraiselvan, aged 19 years before this Court and set her at liberty.
For Petitioner :
Mr.R.Alagumani For Respondents :
Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
The Habeas Corpus Petition had been filed in the nature of a direction to produce the daughter of the petitioner, Praveena, who is aged about 19 years. The petitioner had also impleaded as the fourth and fifth respondents, two other individuals/father and son.
2. It is the apprehension of the petitioner that her daughter would have moved away from her house along with the fifth respondent. The fifth respondent is a resident of Vandakottai Village in Alangudi, Pudukottai District. The petitioner is a resident of Vallathirakottai in Alangudi, Pudukottai District.
3. The matter came up on 08.08.2024, on which date, we had issued the following directions:- "3. In view of that particular instruction, a direction is issued to the third respondent to locate the young girl, viz., Praveena, aged about 19 years and produce her along with the 5 th respondent before the District Legal Services Authority at Pudukottai. The request is placed before the Chairperson of the District Legal Services Authority, Pudukottai, to make necessary enquiries with the young girl and also with the 5th respondent and file a report relating to the information, which they have given and their wishes. In this connection, the learned Chairperson may also take the assistance of a Psychologist from the Government Hospital at Pudukottai to counsel the young girl and also the 5 th respondent. A report to be forwarded to this Court on or before 11.09.2024."
4. Dr.R.Alagumani, the learned Counsel for the petitioner is present and Mr.T.Senthil Kumar, the learned Additional Public Prosecutor is also present.
5. The learned Additional Public Prosecutor forwarded a copy of a photograph taken early in the morning today and stated that from Orathanadu in Thanjavur District in the farm of the relatives of the fifth respondent, both the fifth respondent and the daughter of the petitioner had been secured. In the photograph, they are both found along with the police officials.
6. It is stated that on enquiry, the daughter of the petitioner is refusing to go with the petitioner herein. But there are certain issues which we have to address and necessarily, we have to place deep consideration for the safety not only for the daughter of the petitioner but also for the fifth respondent.
7. The Inspector of Police of Pudukottai Town Police Station/third respondent is present before this court today. The petitioner is also present. The petitioner may accompany the third respondent to go over to the District Legal Services Authority at Pudukottai and have an interaction with her daughter. We
place a request to the Chairperson, District Legal Services Authority, Pudukottai District, to provide for an interaction for an hour or two, between the petitioner and her daughter and they may take any decision. If it is possible a Counsellor may also be arranged to have a counselling session with the daughter. However, since the daughter is a major, she is at liberty to take any decision and we hope that she will take a considered decision keeping her future in mind.
8. With the above direction, this Habeas Corpus Petition stands closed.
[C.V.K., J.] [J.S.N.P., J.] 11.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PKN
To:
1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pudukottai Town, Pudukottai District.
3.The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.
4.The Chairperson, District Legal Services Authority, Pudukottai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
C.V. KARTHIKEYAN , J.
AND J.SATHYA NARAYANA PRASAD, J.
PKN 11.09.2024