1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.314 of 2011 Sheik Badheer .. Petitioner Vs. 1.The Superintendent of Police, Nagercoil, Kanyakumari District. 2.The Inspector of Police, Vadaseri Police Station, Nagercoil, Kanyakumari District. 3.Narayanan 4.Subbiah @ Murugan .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the detenue namely Beema Safana, aged 20 years, before this Court and set her at liberty. For petitioner : Ms.J.Balameenakshi For respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 and R2 No appearance for R3 Mr.P.T.Ramesh Raja for R4 ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J.) This Habeas Corpus Petition has been filed by the petitioner to direct the respondents 1 and 2 to produce the detenue namely Beema Safana, aged 20 years, before this Court and set her at liberty. 2.The petitioner is the paternal uncle of the detenue-Beema Safana. It is alleged by the petitioner in the affidavit filed in support of this petition that his brother Sahul Hameed has suffered paralytic attack and has taken medical treatment in the hospital; that his brother's younger daughter by name Beema Safana/the detenue, aged 20 years, is studying II year B.Sc. Mathematics in Bionear Kumarasamy College, Nagercoil, Kanyakumari District; that she went to the college at 8.30 a.m. on 05.04.2011 and thereafter she had not returned home. It is also stated that the petitioner had searched her in all her friends' and relatives houses, but could not able to trace her. Thereafter, he came to know that the detenue was kidnapped by the third and fourth respondents. Immediately, he made a complaint to the second respondent-Police to trace https://hcservices.ecourts.gov.in/hcservices/ 2 out the detenue. Since no action has been taken by the respondent-Police, the petitioner has come forward to file the present HCP. 3.Today, the detenue-Beema Safana appeared in person before us. When we enquired the detenue, she made an allegation against the third and fourth respondents that they had kidnapped her and subsequently, she came out of their place. She also expressed her willingness to go along with the petitioner-her paternal uncle. Learned counsel for the fourth respondent denied the allegation made by the detenue. 4.After considering the facts and circumstances of the case and the categorical statement made by the detenue, who is a major, that she is willing to go along with the petitioner/her paternal uncle, and that now she is not under the illegal custody of any one much less the third and fourth respondents, the Habeas Corpus Petition is closed, recording the statement made by the detenu, as nothing further remains to be considered. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Nagercoil, Kanyakumari District. 2.The Inspector of Police, Vadaseri Police Station, Nagercoil, Kanyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.P.T.RAMESHRAJA, ADVOCATE SR.26828 Km SR : 29.08.2011 : 2p/5c HCP(MD)No.314 of 2011 08.08.2011 https://hcservices.ecourts.gov.in/hcservices/