A.Ayarin Amutha v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MR JUSTICE N. ANAND VENKATESH H.C.P.(MD)No.1515 of 2022 A.Ayarin Amutha ... Petitioner /Mother of the Detenue /Vs./ 1.The Superintendent of Police, District Police Headquarters, Nagercoil, Kanyakumari District.
2.The Inspector of Police, Vadasery Police Station, Kanyakumari District.
3.Jefrin
...Respondents
PRAYER:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the 1st and 2nd respondents to secure and produce petitioner's daughter Ithazh Selahni Wilson, D/o.A.Ayarin Amutha, aged about 19 years and produce the detenu body before this Court and set her at liberty.
For Petitioner : Mr.F.Deepak For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor (For R1&R2)
ORDER
J. NISHA BANU,J.
and N. ANAND VENKATESH,J.
Pursuant to the earlier orders passed by this Court on 13.09.2022, this matter was posted for hearing today.
2. The detenu aged about 19 years was produced by the petitioner, who is her mother. We enquired the petitioner and she informed us that her daughter got addicted to a game called as "Free Fire". This is an online game, through which, the daughter of the petitioner seems to have befriended the third respondent, who is a gamer. As a result, there was some quarrel between the petitioner and her daughter and the detenu had gone out of the house. She seems to have gone to the place of the third respondent.
In the meantime, a complaint was given and since the second respondent police started investigation, the news reached the third respondent and the third respondent asked the detenu to surrender before the second respondent police station. Accordingly, the detenu surrendered before the second respondent police station and the information was sent to the petitioner and the petitioner secured her daughter from the police station.
3. The petitioner informed us that her daughter, who was addicted to the game, got out of the addiction in the last one year. However, once again, the third respondent somehow managed to get in touch with her daughter and as a result, above incident had taken place. The petitioner informed us that she will monitor her daughter and keep her under control.
4. We also enquired the detenu, who was present in Court and she informed us that she was not aware about the background of the third respondent and she became aware only later that the third respondent is a drug addict and he is a gamer. The detenu informed us that she will not get in touch with the third respondent hereafter and that she will focus in her studies. Incidentally, the detenu is studying B.A.(Literature).
5. The learned counsel appearing for the petitioner submitted that the third respondent had obtained signatures of the detenu in blank stamp papers and the same should be secured by the respondent police.
6. There shall be a direction to the second respondent to immediately call the third respondent for an enquiry. The second respondent police shall get a written undertaking from the third respondent and his parents that they will not interfere with the life of the detenu going forward. The stamp papers that were signed by the detenu shall also be secured from the third respondent. If there is any interference by the third respondent in future, the same shall be informed by the petitioner to the second respondent police and the second respondent police shall take action in accordance with law.
7. This Habeas Corpus Petition is disposed of accordingly. (J.N.B.,J.) (N.A.V.,J.) 27.09.2022 Index : Yes/No Internet : Yes sm
To:
1.The Superintendent of Police, District Police Headquarters, Nagercoil, Kanyakumari District.
2.The Inspector of Police, Vadasery Police Station, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
J. NISHA BANU,J.
and N. ANAND VENKATESH,J.
sm H.C.P.(MD)No.1515 of 2022 27.09.2022