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 H.C.P(MD)No.536 of 2011 Subramani .. Petitioner vs. 1.The Superintendent of Police, Karur District, Karur. 2.The Inspector of Police, Velayuthampalayam Police Station, Karur District. 3.Sasi .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the body of the petitioner's minor daughter, Roopa, aged about 17 years before this Court and hand over custody to the petitioner. For petitioner : Mr.P.Ramasamy for M/s.R.Mathiyalagan For respondents 1 & 2 : Mr.C.Ramesh, Addl.Public Prosecutor ORDER (Order of the Court was made by ARUNA JAGADEESAN, J) The petitioner is the father of the detenue, namely, Roopa. According to him, the detenue is 17 years old. She was studying Plus Two (+2) at Government Girls Higher Secondary School, Pugaloor. On 15.5.2011 night, she was kidnapped by the third respondent. The petitioner further states that he gave a complaint before the second respondent and no sincere efforts were taken by the police to secure his daughter. Hence the Habeas Corpus Petition. 2. Learned Additional Public Prosecutor submitted that earlier, the detenue was found missing and on the complaint filed by the mother of the detenue before the respondent police, the detenue was secured and handed over to the mother of the detenue. and this is the second time the detenue is found missing. Learned Additional Public Prosecutor further submitted that as alleged by the petitioner, the detenue is not 17 years old but she is 19 years old as per her Birth Certificate. Learned Additional Public Prosecutor also produced a photocopy of the Birth Certificate of the detenue which reveals that the detenue is 19 years old. https://hcservices.ecourts.gov.in/hcservices/ 2 3. In view of the above facts, since the alleged detenue is a major and since she was already secured and handed over to the mother of the detenue on the earlier occasion, her present missing appears that she went out on her own. Therefore, we do not think that the detenue will be under illegal custody of any one. Accordingly, the Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Superintendent of Police, Karur District, Karur. 2.The Inspector of Police, Velayuthampalayam Police Station, Karur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P(MD)No.536 of 2011 08.8.2011 (asvm) RJ/19.8.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/