Faritha Begam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2025

CORAM:

THE HONOURABLE MR JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA Faritha Begam ... Petitioner -vs1. The State of Tamil Nadu Rep by The Commissioner of Police, Office of the Commissioner of Police,

2. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Tallakulam,

3. The Inspector of Police, Tallakulam Police Station,

4. The District Child Welfare Officer, District Child Protection Office, Collectorate New Building 3rd Floor, Madurai-625 020.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenue by name Riyan, S/o.Ajmeer, minor male child (date of birth 21.05.2025) before this Court and hand over to the petitioner.

For Petitioner :

Mr.Kannan Gurusami For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) This petition has been filed for a direction directing the respondents to produce the minor male child namely, Riyan, S/o.Ajmeer, before this Court and hand over him to the petitioner. 2.

The petitioner is the grandmother of the alleged detenu. The petitioner's son got married one Meenatchi and in the wedlock, they gave birth to a male child/detenu on 21.05.2025. Now the petitioner alleges that her daughter-in-law had sold his grandson illegally to a third party. Therefore, the petitioner lodged a complaint and the same has been registered in Crime No.1126 of 2025 on the file of the 3rd respondent.

Thereafter, the 4th respondent conducted enquiry and had taken custody of the minor child and now the child is in Grace Kennett Foundation, Madurai. Therefore, the minor child is in safe custody of the said Home and it cannot be treated as illegal detention. 3.

Accordingly, the Habeas Corpus Petition is disposed of with liberty to the petitioner to approach the concerned Court for custody of the minor child in accordance with law.

[G.K.I., J.] [R.P., J.] 15.12.2025 Index : Yes / No : Yes / No bala To

1. The Commissioner of Police, Office of the Commissioner of Police,

2. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Tallakulam,

3. The Inspector of Police, Tallakulam Police Station,

4. The District Child Welfare Officer, District Child Protection Office, Collectorate New Building 3rd Floor, Madurai-625 020.

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

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

bala 15.12.2025