1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.11.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU HCP(MD)No.950 of 2011 M.Senbagavalli :Petitioner -Vs- 1.The Superintendent of Police, Thoothukkudi District. 2.The Special Sub-Inspector of Police, Nalatinputhur Police Station, Nalatinputhur, Thoothukkudi District. 3.M.Sathish 4.M.Krishnaveni 5.Murugan :Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the body and person of the detenue/the petitioner's minor daughter, Selvalakshmi, aged 16 years, before this Court and to handover the custody to the petitioner herein and to pass such further or other orders. For petitioner : Mr.R.Suresh Kumar For respondents 1 and 2 : Mr.A.Ramar,Addl.Public Prosecutor For respondents 4 and 5 : Mr.S.Rajasekar ORDER (Order of the Court was made by S.NAGAMUTHU, J) The petitioner is the mother of one Selvalakshmi, aged 16 years (the detenue).She was studying first year Higher Secondary Course in K.R.Saratha Government Higher Secondary School at Nalatinputhur. Her date of birth is 16.01.1996. From 11.10.2011 onwards, she is found missing. A complaint was preferred by the petitioner to the police, upon which a case has been registered in Crime No.287 of 2011. Since the girl was not secured, the petitioner has come up with this Habeas Corpus Petition seeking direction to the respondents to secure the girl and handover custody of the detenue to her. 2.The case was earlier listed on 15.11.2011. But there was no representation for the petitioner. This Court, therefore, directed the Registry to list the case after two weeks. However, on 28.11.2011, the learned Additional Public Prosecutor has made a mention that the detenue had been secured. Therefore, this case was again included in the special list and it was called in the open Court. But, neither the petitioner nor her https://hcservices.ecourts.gov.in/hcservices/ 2 counsel was present.The minor detenue was produced by the second respondent, before this Court.On enquiries, she stated that she was staying in Tiruppur and from where she was taken by the second respondent police and produced before this Court. She further stated that she was willing to go to the custody of the petitioner, namely, her mother. But since the petitioner was not present and there was not even any representation by the learned counsel appearing for the petitioner, this Court directed the minor girl to be kept in Home for Children and to be produced before this Court, today and accordingly she has been produced today before this Court. 3.Today, the petitioner is present and she is represented by her counsel. On enquiries, the detenue would submit that she is prepared and willing to go to the custody of the petitioner and to be under her care and custody. The said statement is recorded. 4.The petitioner would state that her husband is in a foreign country on job.Therefore the petitioner is willing to take care of the minor detenue and keep her in her custody. The said statement is also recorded. 5.In view of the above, the Habeas Corpus Petition stands disposed of, entrusting the custody of the minor detenue to the petitioner. Until her attainment of majority, the petitioner shall keep the minor detenue in her custody and take care of her. SD/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar To: 1.The Superintendent of Police, Thoothukkudi District. 2.The Special Sub-Inspector of Police, Nalatinputhur Police Station, Nalatinputhur, Thoothukkudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.R.Sureshkumar, Advocate. SR.No.42214. +1CC to Mr.T.Lajapathiroy, Advocate. SR.No.42179. Smn RP/19.12.2011/2P/6C. H.C.P(MD)No.950 of 2011 30.11.2011 https://hcservices.ecourts.gov.in/hcservices/