1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2011 CORAM: THE HONOURABLE MR. JUSTICE S.RAJESWARAN and THE HONOURABLE MR. JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.267 of 2011 Esakkiammal ..Petitioner Vs. 1.The State Rep.by The Superintendent of Police, Thoothukudi District. 2.The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District. 3.Paramasivam 4.Mariappan ..Respondents PRAYER: The Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's daughter by name Sandhiya (female, aged 20 years) detenue in the present case before this Court and consequently set her at liberty. For Petitioner : Mr.R.Anand For Respondents : Mr.P.N.Pandidurai, Additional Public Prosecutor For R1 and R2 ORDER (Order of this Court was made by S.RAJESWARAN,J.) This petition has been filed by the mother of the detenue to trace her daughter viz., Sandhiya, aged about 20 years. 2.According to the petitioner, she is a widow and brought her daughter with great difficulty. After having grown and obtained a job, her daughter has deserted her and gone away. It is informed that she is with the 3rd respondent, her paternal uncle. The petitioner gave a complaint before the respondent Police. Since no action has been taken, the petitioner filed the present petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Today the respondent Police has produced the detenue before this Court. The petitioner is also present before this Court. 4.We enquired the detenue to ascertain her mind. She has clearly stated that she has gone out of her house voluntarily and now staying in the house of the 3rd respondent. She also states that she has left her mother for her own personal reasons and she has decided not to live with her any longer. Now, she is living happily with the 3rd respondent and she states that she would continue to stay in his house. 5.In view of the fact that the detenue appeared before this Court and disclosed that she would not like to go with her mother, there is nothing further to be considered in this petition. The petitioner, who is present is also called and appraised of these facts. The statement made by the parties are recorded. As such, there is no illegal custody of the detenue and the detenue is 20 years of age and has taken a decision on her own, she is set at liberty to be on her own. Therefore, this H.C.P.is dismissed and the petitioner is set at liberty. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District. 2.The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. nbj akm/23.06.11 /2p-4c/ H.C.P.(MD)No.267 of 2011 28.04.2011 https://hcservices.ecourts.gov.in/hcservices/