Arumugam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Arumugam .. Petitioner/Father of the Detenue Vs.

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

2.The Inspector of Police, All Women Police Station, Kadambur, Thoothukudi District.

(Crime No.3 of 2023) 3.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

(Crime No.4 of 2023) 4.Raja Stephen .. Respondents

PRAYER: 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 person or body of the detenue namely Mookambigai @ Mukila, D/o.Arumugam, aged about 17 years before this Court and hand over minor daughter namely Mookambigai @ Mukila to the petitioner. For Petitioner : Mr.S.Muthumalairaja For R-1 to R-3 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

The petitioner, Arumugam, father of Mookambigai @ Mukila (D.O.B - 07.02.2006), who was minor at the time of filing of the Habeas Corpus Petition, being aggrieved that his daughter has been enticed by the fourth respondent and taken away from his custody, has filed this Habeas Corpus Petition and the same is under consideration before this Court for about eight months.

2. Pending Habeas Corpus Petition, the minor daughter of the petitioner has attained majority. She was secured and was given custody to St.Patricks Home, Madurai and till date, she is staying there.

3. Today, the girl as well as her parents are present before this Court. The petitioner's daughter expressed her wishes to join the fourth respondent, Raja Stephen. Since the girl has attained majority and her wish has to be taken note of, this Court finds that nothing survives in this Habeas Corpus Petition filed by the father. Hence, the Habeas Corpus Petition is closed being satisfied that as on date, the girl is not in any illegal custody. (G.J.,J.) (C.K.,J.) 19.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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

2.The Inspector of Police, All Women Police Station, Kadambur, Thoothukudi District.

3.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

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

DR.G.JAYACHANDRAN,J.

and C.KUMARAPPAN,J.

Lm 19.02.2024