1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.39 of 2011 M.Muthuraman .. Petitioner Vs. 1.The Superintendent of Police, Sivagangai District. 2.The Inspector of Police, Devakottai Town Police Station, Devakottai,Sivagangai District. 3.R.Sukumaran @ Irumporai 4.M.Pandi .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the first and second respondents to produce the person or the body of Maharoopa, D/o.M.Muthuraman, aged about 15 years, daughter of the petitioner, before this Court and handover the custody to the petitioner. For petitioner : Mr.S.Vanchinathan For respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 and R2 For Respondents 3 & 4 : No appearance ORDER (Order of the Court was made by ARUNA JAGADEESAN, J.) This Habeas Corpus Petition has been filed by the petitioner to direct the first and second respondents to produce his daughter by name Maharoopa, aged about 15 years, before this Court and handover her custody to him. 2.The petitioner is the father of the detenue-Maharoopa. It is alleged in the affidavit filed in support of this petition that on 23.11.2010, the detenue-Maharoopa left the house and was found missing. When they enquired her friends and the school authorities, they were informed that on 23.11.2010, the detenue was absent in the school. After three days, the petitioner went to his sister's house and she informed the petitioner that the detenue had called her over phone and informed that the detenue is under the custody of the third and fourth respondents, who are the petitioner's sister's son-in-law and the petitioner's own brother, respectively. Later the petitioner came to know that the detenue was under the custody of the third and fourth respondents. The petitioner has preferred a written complaint on 17.12.2010 to the second respondent. Further, he lodged a complaint before the first respondent on 21.12.2010. Since no serious steps were https://hcservices.ecourts.gov.in/hcservices/ 2 taken to trace out his daughter/the detenue, the petitioner has filed the present HCP. 3.Today, the detenue-Maharoopa, petitioner/father and also the mother of the detenue are present before this Court. When we enquired the detenue, she stated that she had intimacy with the fourth respondent, who is her paternal uncle and she is now 7-months pregnant. The petitioner and his wife have stated that they are ready to take back their daughter/the detenue with them. The detenue has also expressed her willingness to go along with her parents. We have advised the petitioner and his wife to take care of their daughter/the detenue, well, and not to cause any harm to the foetus. The petitioner and his wife have also assured that they will take care of their daughter well and would not cause any harm to the foetus. 4.Recording the statement made by the detenue that she is willing to go along with her parents, and also with the above said observations, the Habeas Corpus Petition is disposed of, setting the detenue at liberty to go along with her parents. Sd/- Assistant Registrar(W) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District. 2.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. HCP(MD)No.39 of 2011 25.07.2011 KM PA/19.08.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/