1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2011 CORAM: THE HONOURABLE MR.JUSTICE.M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE.S.NAGAMUTHU H.C.P.(MD)No.993 of 2011 Mrs.K.Lakshmi : Petitioner Vs 1.The Superintendent of Police, Sivagangai District. 2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District. 3.Sam David 4.Ilayaraja : Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to direct the first and second respondents to produce the body and person of Minor. Deepa, aged about 16 years from the illegal custody of the third and fourth respondents, before this Court and handover the custody to the petitioner. For Petitioner : Mr.R.M.Makesh Kumaravel For R.1&2 : Mr.A.Ramar Addl.Public Prosecutor ORDER [Order of the Court was made by S.NAGAMUTHU,J.] The petitioner is the grandmother of the detenue, namely, Deepa, who is hardly aged about 16 years. From 12.10.2011 onwards, she has been found missing. A complaint was preferred in this regard by the petitioner to the second respondent police, on which, a case in Crime No.22/2011 under Section 366-A has been registered. In those circumstances, the petitioner has come up with this Habeas Corpus petition seeking a direction to the first and the second respondents to produce the detenue, before this Court and hand over the custody to the petitioner. 2. Today, the detenue has been produced by the second respondent before this Court. The petitioner is present and the https://hcservices.ecourts.gov.in/hcservices/ 2 detenue's brother, Manikandan is also present. On enquiry, the detenue would state that she is willing to go with the petitioner. The petitioner would also state that the father of the detenue is no more and her mother is undergoing life imprisonment in a different case and she is lodged in the Central Prison, Trichy. According to her, the detenue has got two brothers and a sister. All the four are now under the care and custody of the petitioner. The detenue would state that she was all along taken care of only by the petitioner and her brother, namely, Manikandan, who is hardly now 18 years old. He would also state the same. 3. Thus, in the absence of the mother of the detenue, this Court is of the view that the petitioner is the fittest person to keep the custody of the minor girl. Since the minor girl/detenue expresses her willingness to go with the custody of the petitioner and since the petitioner also assures this Court that she would take care of the detenue, we are of the view that the detenue could be entrusted to the custody of the petitioner. Accordingly, the detenue is entrusted to the custody of the petitioner until she attains majority. In the result, this Habeas Corpus petition stands disposed of. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District. 2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1cc to Mr.R.M.Makesh Kumaravel, Advocate, Sr.No.40690 ssm ssk/09.12.2011 /5c -2p/- H.C.P.(MD)No.993 of 2011 https://hcservices.ecourts.gov.in/hcservices/