1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2011 CORAM THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI Habeas Corpus Petition (MD) No.427 of 2011 S.Chitra ..Petitioner Vs. 1.The Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District. 3.Perumalsamy, S/o.Gurusamy 4.Panjavarnam, W/o.Guruswamy 5.Saravana, S/o.Murugan 6.Veeraraj, S/o.Snglikalai 7.Chelladurai, S/o.Sanglikalai 8.Kaliraj, S/o.Karuppasamy ..Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the body of the detenue, namely Maragatham, D/o.Sekar, aged 15 years, before this Court and hand over her custody to the petitioner. For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondents-1 & 2 : Mr.C.Ramesh, Addl.Public Prosecutor. ORDER (Order of the Court was made by S.RAJESWARAN,J) The petitioner has filed this petition to trace out her minor daughter Maragatham, aged about 15 years, said to be missing from 19.04.2011. 2.According to the petitioner, the 3rd respondent has forcibly taken her daughter out and kept her in illegal custody. When the petitioner/mother of the detenue contacted the family members of the 3rd respondent, she could not get any information about the whereabouts of her daughter. Therefore, a complaint was given to the respondent Police. Since no action has been taken, she has come forward with the present petition for the aforesaid relief. https://hcservices.ecourts.gov.in/hcservices/ 2 3.On notice, the detenue Maragatham, minor girl, was produced before this Court. The petitioner/mother of the detenue is also present before this Court. On enquiry, the minor girl revealed that though she was taken by the 3rd respondent, now she has realised that she should be only with her mother/the petitioner herein and accordingly she has taken a decision to be with her mother for ever and accepted to act according to her wish and desire. The petitioner/mother of the detenue, who is also present in the court, is willing to take her daughter back home. The statements of both the petitioner and the detenue are recorded and the custody of the minor girl is given to her mother, the petitioner herein. 4.It is also represented by the learned Additional Public Prosecutor that the 3rd respondent was arrested and remanded judicial custody and the investigation in the case is progressing. If the case is under progress, the petitioner and the detenue may co-operate with the investigation. 5.In view of the above, nothing further remains to be considered in this petition. Hence this petition is closed. Sd/- Deputy Registrar (LA) /True Copy/ Assistant Registrar To: 1.The Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. gb akm/24.06.11 /2p-4c/ Order in HCP(MD)No.427/2011 Dated:17.06.2011 https://hcservices.ecourts.gov.in/hcservices/