N.Poomani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2022

CORAM

THE HON'BLE MR JUSTICE M.S. RAMESH AND THE HON'BLE MR JUSTICE N. ANAND VENKATESH N.Poomani ... Petitioner /Vs./ 1.The State rep. by its Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Seranmadevi, Tirunelveli District.

3.The Inspector of Police, Pathamadai Police Station, Tirunelveli District.

4.P.Jawahar 5.P.Mallika ... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the third respondent to produce the body or person of the petitioner's daughter Indhu, aged 15 years, daughter of NarayanaPerumal, before this Court and hand over the custody to the petitioner, who is natural guardian of Indhu, aged 15 years.

For Petitioner : Mr.J.Arul Prakasam For Respondents : Mr.A.Thiruvadi Kumar (R1 to R3) Additional Public Prosecutor

ORDER

(Order of the Court was made by N. ANAND VENKATESH, J.) Pursuant to the earlier orders passed by this Court on 03.11.2022, the detenu was produced before this Court.

2. We examined the detenu and she stated that she is aged about 15 years and she was studying 10th Standard. The detenu seems to have developed a relationship with the fourth respondent and both of them had eloped to Hyderabad.

3. The respondent police, after taking a lot of efforts, traced the whereabouts of the detenu and the fourth respondent. Both of them were secured and brought to Tirunelveli. The detenu was kept in Home at Tirunelveli. Based on the complaint given by the petitioner, an FIR has

been registered against the fourth respondent for various offences and it is brought to our notice that the fourth respondent has been arrested and remanded to judicial custody today morning (21.11.2022).

4. The parents of the detenu were also present before this Court and they expressed their willingness to take their daughter along with them. The detenu was handed over to her parents.

5. In view of the above, there shall be a direction to the respondent police to proceed further with the investigation in accordance with law. This Habeas Corpus Petition is disposed of accordingly. (M.S.R.,J.) (N.A.V.,J.) 21.11.2022 Index : Yes/No Internet : Yes Sm

M.S. RAMESH, J.

and N. ANAND VENKATESH, J.

Sm TO:

1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Seranmadevi, Tirunelveli District.

3.The Inspector of Police, Pathamadai Police Station, Tirunelveli District.

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

Order made in Dated 21.11.2022