K.Senthamarai v. The Inspector General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2024 CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Senthamarai ... Petitioner vs.
1. The Inspector of Police, South Zone Inspector of Police, Race Course Road, Madurai.
2. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.
3. The Inspector of Police, All Women Police Station, Thirupathur, Sivagangai District.
4. The Warden/Child Welfare Committee, Government Children Home For Girls, No.48, Colony, Sivagangai.
... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the 3rd and 4th respondents to produce the petitioner's minor daughter namely Vaishnavi, D/o. Karuppiah, aged about 16 years before this Court and handover the custody to the petitioner.
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For Petitioner : Mr.P.Muthusamy For R1 & R2 : Mr.RMS.Sethuraman, Additional Public Prosecutor
O R D E R
[Order of the Court was made by J.NISHA BANU, J.] This petition is filed for issuance of a Writ of Habeas Corpus, directing the respondents 3 and 4 to produce the petitioner's minor daughter namely, Vaishnavi, D/o. Karuppiah, aged about 16 years before this Court and handover the custody to the petitioner. 2.
The detenue is a minor aged about 16 years. Pursuant to the order passed by this Court dated 16.08.2023, the detenue is kept in the 4th respondent / Warden / Child Welfare Committee, Government Children Home for Girls, No.48, Colony, Sivagangai. Today, the detenue is produced before this Court. We enquired her. She would state that her mother is living with another man and the said person wants the detenue to be with him like her mother and therefore, she does not want to go with her mother and she is willing to stay back in the same home. 3.
Pursuant to the direction issued by this Court dated 08.11.2023, the 4threspondents has also filed a report stating that the Page No.2 of 5
detenue is residing in the Government Home for girls, Sivagangai, from 15.08.2023 and she is studying 12th Standard in Government Girls Higher Secondary School at Sivagangai. The 4th respondent has further stated that the detenue has also given a written statement that she does not want to go with her mother, she is willing to stay in the same home till completion of 12th Standard and also requested to not to allow her mother to see her and allow her sister to see her. Such written statement of the detenue is also enclosed along with the report of the 4th respondent. 4.
In view of the statement made by the detenue, we are not inclined to send her with her mother. The detenue shall be kept in the same home until her majority. The 4th respondent may permit the sister of the detenue to see the detenue in the home.
5.
Accordingly, the Habeas Corpus Petition is dismissed. No costs.
(J.N.B., J.) (K.K.R.K., J.) 11.01.2024 Index : Yes / No : Yes / No bala Page No.3 of 5
To
1. The Inspector of Police, South Zone Inspector of Police, Race Course Road, Madurai.
2. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.
3. The Inspector of Police, All Women Police Station, Thirupathur, Sivagangai District.
4. The Warden/Child Welfare Committee, Government Children Home For Girls, No.48, Colony, Sivagangai.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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J.NISHA BANU, J.
and K.K.RAMAKRISHNAN, J.
bala ORDER MADE IN DATED : 11.01.2024 Page No.5 of 5