1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2011 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition (MD) No.358 of 2011 P.Muthulakshmi, W/o.Late Petchu @ Chellappa ..Petitioner Vs. 1.The Superintendent of Police, Tuticorin District, Tuticorin. 2.The Sub-Inspector of Police, Srivaikuntam Police Station, Tuticorin District. 3.Duraipandi, S/o.Mookandi. 4.Mookandi ..Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents 1 and 2 to produce the body or person of the petitioner's daughter Ms.Pusbhalakshmi, aged 17 years, before this Court and hand over her custody of the petitioner. For Petitioner :Mr.S.Siva Thilakar For Respondents-1 & 2:Mr.C.Ramesh, Addl.Public Prosecutor. For Respondent-4 :Mr.S.Durairaj O R D E R (Order of the Court was made by S.RAJESWARAN,J) The petitioner has filed this petition to trace out her minor daughter Pushbalakshmi, aged about 17 years, said to be missing from 25.04.2011. 2.According to the petitioner, the 3rd respondent has kidnapped her daughter and taken her to an unknown place. The complaint given to the police on 27.04.2011 was not seriously looked into. Hence the above habeas corpus petition has been filed. 3.Today, after notice, the respondent police has produced the detenue Pushbalakshmi, a minor, before this Court. According to Pushbalakshmi, though she went along with the 3rd respondent, she did not know what has happened. However, the police has rescued her and kept her in Government Observation Home, from where she was brought and produced before this Court today. According to the certificate produced by the learned counsel appearing for the petitioner, the detenue is yet to attain majority. Further, she also clearly stated that she would like to go only https://hcservices.ecourts.gov.in/hcservices/ 2 with her mother, who is also present in the court. The petitioner/mother of the detenue is also willing to take her back home. But, both of them plead for protection from the 3rd and 4th respondents, who are son and father, respectively. 4.The 4th respondent is represented by counsel. It is also stated that the 3rd respondent was arrested and remanded to judicial custody. Learned counsel for the 4th respondent is advised to advise the 3rd and 4th respondents to refrain from interfering with the peaceful living of the detenue and the petitioner/mother of the detenue. The respondent police present in the Court was also suitably directed. 5.In view of the fact that the minor detenue girl has expressed her willingness to go with her mother, the petitioner herein and the petitioner has also expressed her willingness to take her daughter back home, the custody of the minor girl is handed over to the petitioner/the mother of the detenue and this petition is closed as nothing further remains to be considered. In the event, any complaint is given by the petitioner or the detenue, the respondent police should immediately look into it and take action. SD DEPUTY REGISTRAR ( LA ) /TRUE COPY/ ASST REGISTRAR gb To: 1.The Superintendent of Police, Tuticorin District, Tuticorin. 2.The Sub-Inspector of Police, Srivaikuntam Police Station, Tuticorin District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 1CC TO MR. S. SIVATHILAKAR, ADVOCATE, SR: 18775: DM:2011:JUNE:24:: Order in HCP(MD)No.358 OF 2011 Dated:17.06.2011 2P:5C:: https://hcservices.ecourts.gov.in/hcservices/