IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 17.12.2009 Coram The Honourable Mr. Justice M.CHOCKALINGAM and The Honourable Mr. Justice PERIYA KARUPPIAH Habeas Corpus Petition No.2195 of 2009 P.Kalimuthu .. Petitioner ..vs.. 1. State by Inspector of Police, Chinna Salem Police Station, Villupuram District. Crime No.437/2009. 2. Velu 3. Pandian .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the 1st respondent to secure the body of the detenue namely, Rathika, D/o.Kalimuthu, aged about 17 years, from the illegal custody of respondents 2 and 3 and produce before this Court. For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.V.R.Balasubramanian Addl.P.P., for R-1 ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) Invoking the Writ jurisdiction of this Court, the petitioner, namely, Kalimuthu, has filed this petition for issuance of a Writ of Habeas Corpus, for production of his daughter, namely, Rathika, aged about 17 years. 2. The affidavit filed in support of the petition is perused. The Court heard the learned counsel for the petitioner. The case of the petitioner is that his daughter Rathika, aged about 17 years, is https://hcservices.ecourts.gov.in/hcservices/ studying in a college at Salem District; that on 26.11.2009 when she went to the college, she did not return; that thereafter, he came to know that due to the previous enmity, respondents 2 and 3 have kidnapped the daughter of the petitioner; that immediately, he rushed to the respondent police station and gave a complaint, but they have not registered the same; that thereafter, even though a case was registered under section 366 IPC, the respondent police have not taken any steps to secure the detenue and that under such circumstances, he was forced to file this hebeas corpus petition before this Court. 3. When the matter was taken up for enquiry, the learned Additional Public Prosecutor would submit that the detenue has been secured by the police. 4. The detenue is produced and is also enquired by the Court. According to her, she was born on 10.06.1992; now she is doing first year college course; she went on her own and she is now staying at her aunt's house. 5. As on today, the minor detenue is produced and the petitioner is also present and under such circumstances, it is fit and proper to hand over the custody of the detenue to the petitioner herein, who is the father of the detenue. So far as other proceedings are concerned, namely, a case has been registered under section 366 IPC, nothing to be commented upon in this application since it is only for the production of the detenue. Accordingly, the habeas corpus petition is disposed of. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. gl To 1. The Inspector of Police, Chinna Salem Police Station, Villupuram District. Crime No.437/2009. 2. The Public Prosecutor, High Court, Madras. H.C.P. No.2195 of 2009 SGL (CO) kk 30/12 https://hcservices.ecourts.gov.in/hcservices/