1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2011 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition (MD) No.214 of 2011 Palaniyammal, W/o.Onthan .. Petitioner Vs. 1.The Superintendent of Police, Karur District, Karur. 2.The Inspector of Police, Thogamalai Police Station, Karur District. 3.Rengan, S/o.Ponnan 4.Thangaraj, S/o.Rengan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of habeas corpus directing the respondents to produce the petitioner's daughter, namely Gomathy, D/o.Onthan, aged about 16 years, and hand over her custody to the petitioner. For Petitioner :Mr.C.Mayil Vahana Rajendran For Respondents-1 & 2 :Mr.P.N.Pandithurai, Addl.Public.Pleader. For Respondent-3 : Mr.Subhas Babu ORDER (Order of the Court was made by S.RAJESWARAN,J) The petitioner, being the mother of the detenue, has filed this petition to trace her daughter Gomathy, a minor girl. 2.According to the petitioner, the 4th respondent was teasing her daughter regularly, which made her to give a complaint to the elders in the village. The 3rd and 4th respondents appeared before elders and tendered apology. While so, in the month of January, 2011, the 4th respondent, with the help of the 3rd respondent, kidnapped her daughter Gomathy and since then she had been kept in illegal custody. Her whereabouts were not known Therefore, a complaint was lodged with the Police to take action against the 4th respondent. Subsequently, the 4th respondent was arrested and the daughter of the petitioner was secured. The 3rd and 4th respondents also gave an undertaking before the police that they would not disturb her daughter in future. But, again her daughter is missing from 05.03.2011 and she strongly suspects the hand of the 4th respondent in the disappearance of her daughter. A complaint was given on 07.03.2011 before the 2nd respondent. Since no action was taken, the above habeas corpus petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Today, the 2nd respondent police produced the detenue Gomathy, the minor girl, before the Court. The mother of the detenue, the petitioner, is also present. We interviewed the minor girl to know her mind. The minor girl has stated that because of her mother's compulsion to marry her own uncle, she had left the house and stayed in her friend's house. Now she states that she would go along with her mother and live with her. The petitioner/mother is also ready to take her home. 4.In view of the fact that the detenue is present before this Court and she has chosen to go with her mother/the petitioner herein, the custody of the detenue is handed over to the petitioner. Accordingly, the petition is closed. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To: 1.The Superintendent of Police, Karur District, Karur. 2.The Inspector of Police, Thogamalai Police Station, Karur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.M.Subash Babu, Advocate SR.No.14343 Order in HCP(MD)No.214/2011 Dated:19.04.2011 gb PA/05.05.2011/2P/5C https://hcservices.ecourts.gov.in/hcservices/