Selvanayagi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1105 of 2023 Selvanayagi .. Petitioner / Mother of the Detenu Vs.

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

2.The Inspector of Police, Karivalamvanthanallur Police Station, Karivalamvanthanallur, Tenkasi District.

3.Anantharaj 4.Mangaladurai .. 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 body or person of the petitioner's daughter namely Minor.Angulakshmi, aged about 17 years, D/o.Balamurugan and hand over her custody to the petitioner within the time stipulated by this Court.

For Petitioner : Mr.C.Rathnavel Pandian For Respondents : Mr.RMS.Sethuraman Addl. Public Prosecutor

O R D E R

(Order of the Court was made by M.S.RAMESH,J.) When the petitioner's daughter Angulakshmi, born on 23.06.2006 and now aged about 17 years, had gone missing from her house on 25.08.2023, the petitioner's complaint in this regard was registered in F.I.R.No.251 of 2023, dated 26.08.2023, under the caption "girl missing". Subsequently, the same was altered into Section 366 IPC r/w Sections 6 and 5(l) of POCSO Act. In this background, the present Habeas Corpus Petition has been filed.

2. Pending the Habeas Corpus Petition, we had directed the second respondent police to find the whereabouts of the missing girl.

3. Accordingly, when the matter was called today, the second respondent herein had secured the petitioner's daughter and produced before us. We had interacted with the missing girl, who had stated that one

Anantharaj had cheated her by giving false promise and had forcible sexual intercourse with her on many occasions. The girl also expressed that she intended to live with her parents. The petitioner, who is also present before us today, has taken custody of the girl.

4. In the light of these developments, no further orders are required in the present Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition stands closed.

(M.S.R.,J.) (M.N.K.,J.) 04.09.2023 NCC : Yes / No Index : Yes / No vsm To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Karivalamvanthanallur Police Station, Karivalamvanthanallur, Tenkasi District.

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

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

vsm H.C.P.(MD)No.1105 of 2023 04.09.2023