Murugan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Murugan : Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police Thedir Nagar Police Station Madurai City, Madurai 3.Marimuthu : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the 1st and 2nd respondents police to secure the detenue and produce the body or person of the detenue, viz., Rajalakshmi, D/o.Murugan, aged 12 years before this Court illegally detained by the 3rd respondent and hand over the custody of the detenue to the petitioner forthwith.

For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

S.VAIDYANATHAN, J.

AND N.ANAND VENKATESH, J.

This Petition has been filed to direct the 2nd respondent police to produce the body of the detenue, who is the minor daughter of the petitioner.

2. The second respondent produced the detenue before this Court. We enquired her and found that her name is Rajalakshmi and she was born on 08.02.2007. The detenue has hardly completed 12 1/3

years. It seems that the third respondent is living near her house and they have developed a relationship. She seems to have eloped with the third respondent, who is said to be aged about 21 years.

3. The parents of the detenue were also present before this Court. They stated that they were not aware about the relationship that was going on between their daughter and the third respondent. They further stated that they will make their daughter join in a residential school and provide her with education to enable her to settle down in life.

4. The learned Additional Public Prosecutor, on instructions, submitted that a girl missing FIR has been registered by the second respondent in Crime No.489/2019 on 01.09.2019. The learned counsel further submitted that immediately after the FIR was registered, the detenue and the third respondent were traced and the detenue was taken to the Home and from there, she has been produced before this Court. The learned Additional Public Prosecutor concluded his argument by submitting that the second respondent is taking steps to alter the FIR by including the appropriate offences.

5. The detenue stated that she is not willing to go with her parents. However, considering the fact that the detenue is aged about 12 years and seven months and she is a child, who cannot take her own decision, this Court deems it fit to hand over the detenue to her parents. The second respondent police shall ensure that the detenue goes along with her parents.

6. In view of the above, this Habeas Corpus Petition is disposed of with a direction to the second respondent to immediately alter the FIR and to proceed further with the investigation in accordance with law.

7. As stated above, the parents of the detenue wants to make the detenue to continue her studies in a residential school. The residential school, in which, the detenue is admitted shall permit the detenue to leave the hostel only with her parents. SD ASSISTANT REGISTRAR TRUE COPY SUB ASSISTANT REGISTRAR (CS ) RR To 1.The Commissioner of Police, Madurai City, Madurai.

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2.The Inspector of Police Thedir Nagar Police Station Madurai City, Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC TO MR.D. RAMESH, ADVOCATE SR 86953 KK 11/10/2019 3P/5C Order made in Dated: 13.09.2019 3/3