C.Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN and THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD C.Murugan ... Petitioner Vs The Inspector of Police, Taluk Police Station, Aruppukottai, Virudhunagar District.

Crime No.151/2024.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondent herein to produce the detenue, the petitioner's minor daughter viz., Miss.M.Selva Boomika, D/o.Murugan aged about 17 years before this Court and handed over her custody to the petitioner.

For Petitioner :

Mr.B.Muneeswaran For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

This Habeas Corpus Petition has been filed by the father of an young child, who was born on 04.01.2007 complaining that she has been missing on and from 25.07.2024.

2.Today, the respondent Police has produced the child. It had been informed that she had run away with one Muthuvijayan after tracing the cell phone tower location. They had moved to various districts from Tirupur onwards. Finally, the child has been located. 3.The parents of the child are present before this Court. We advised the parents to take care of the child, at least till 04.01.2025 when she would attain the age of majority and ensure her safety. We also had an interaction with the child and expressed that she should have exercised caution till she attains the age of majority. 4.It is informed that with respect to this incident, the respondent Police had registered a case in Crime No. 151 of 2024, on the

file of Taluk Police Station, Aruppukottai, Virudhunagar District originally under 'Girl Missing' and later, altered to Section 9 of Child Marriage Act and POCSO Act.

5.Let the investigation in this regard proceed in the manner known to law. However, to ensure the safety of the child and to address her mental health, we would place a request to the Chairperson of Child Welfare Committee of Virudhunagar District to make frequent visits to the residential address of the petitioner namely, Pandian Nagar, Athipatti, Aruppukottai Taluk, Virudhunagar District and counsel the child so that either the parents or the child may not take any drastic decision. 6.In this connection, we would direct the Inspector of Police, Taluk Police Station, Aruppukottai, Virudhunagar District to extend cooperation so far as the request pleased with the Child Welfare Committee is concerned to ensure the safety of child, which is of paramount importance.

7.With the above observations, this petition stands closed. The child shall be handed over to the petitioner, who is present along with his wife / mother of child.

[C.V.K., J.] [J.S.N.P., J.] 29.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No PNM To:

The Inspector of Police, Taluk Police Station, Aruppukottai, Virudhunagar District.

Crime No.151/2024.

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

C.V. KARTHIKEYAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

PNM 29.08.2024