1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25/11/2011 C O R A M THE HONOURABLE MR.JUSTICE.M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE.S.NAGAMUTHU H.C.P.(MD)No.656 of 2011 P. Mani ... Petitioner Vs 1. The Superintendent of Police Trichy District. 2. The Inspector of Police Thathaiyangarpettai Police Station Trichy District. 3. Anand 4. Dhanalakshmi 5. Gopikrishnan 6. Kathir 7. Devaki 8. Ilayaraja 9. Loganathan 10. Jeyapal 11. Jeyaprakash 12. Kodiarasi 13. Dharmalingam ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce petitioner's minor daughter by name Anandhi (aged 16 years), before this Court, who is keeping under the illegal detention by 3 to 13 respondents and handed over custody of detenue to the petitioner. For Petitioner : Mr.R.Aravind Raj For respondents : Mr.A.Ramar Additional Public Prosecutor for R.R.1 and 2. Mr.M.Kannan for R.R.4 & 10 No appearance for R.9 O R D E R [Order of the Court was made by S.NAGAMUTHU,J] The Petitioner, is the father of one Anandhi (detenue herein) , aged 16 years. She was studying X Standard in a local School. From 20.7.2011 onwards, she was found missing. In this regard, the petitioner preferred a complaint to the second https://hcservices.ecourts.gov.in/hcservices/ 2 respondent Police, on which a case in Crime No.167 of 2011 for 'girl missing' was registered. However, the girl was not secured by the second respondent. In those circumstances, the petitioner has filed the present Habeas Corpus Petition, seeking a direction to the Police to secure the detenue, produce her before this Court and to set her at liberty. 2.When this Habeas Corpus Petition was listed on 28.9.2011, the second respondent produced the detenue before this Court. On enquiries, the detenue informed the Court that she was not willing to go to the custody of her father. Therefore, this Court directed her to be kept in the Government Vigilance Home, Chinna Chokkikulam, Madurai, for safe custody with a further direction to the respondent Police to produce her on 29.9.2011 as she is a minor. 3. On 29.9.2011, when she was again produced before this Court, she was very firm in her stand that she was not willing to go along with the petitioner. Since, no other fit person was available , this Court again directed her to kept in the very same Home with a further direction to the authorities to produce her on 14.10.2011. 4. Accordingly, she was again produced before this Court on 14.10.2011. Again, she expressed her unwillingness to go with her parents. Therefore, she was again directed to be kept in the very same Home with a direction to produce her before this Court on 21.10.2011. 5. Again, she was produced before this Court on 21.11.2011 . On enquiries, the detenue informed the Court that, she was willing to go to the custody of her paternal Uncle or any other fit person. Therefore, this Court directed the detenue to be kept again in the very same Home and to be produced before this Court today. 6. In pursuance of the said direction, the detenue has been produced before this Court today. 7. Mrs.Lakshmi, W/o.Sankar, Kanavaipatti, Namakkal District, Thoosoor District, who is the sister of the mother of the detenue and the detenue's paternal uncle viz., Veeramalai, S/o.Palaniandi, Thathaiyengar Pettai, Musiri Taluk, Trichy District are also present before this Court. 8. They have been duly identified by the learned counsel apparing for the petitioner and the Police. The detenue would submit that she is willing to go with Lakshmi, W/o.Sankar, who is residing at Kanavaipatti, Namakkal District, and continue to be under her care and custody, until she attains majority. 9.Mrs.Lakshmi, has also assured this Court that she will keep her carefully and maintain her. https://hcservices.ecourts.gov.in/hcservices/ 3 10. Mr.Veeramalai also states that Mrs.Lakshmi will be the fit person to keep the custody of the minor detenue. 11. The learned counsel for the petitioner would submit that the petitioner has got no objection for entrusting the custody of the minor detenue with Mrs.Lakshmi. The said statements are recorded. 12.In view of the above positions, we hold that Mrs. Lakshmi, W/o.Sankar, Kanavaipatti, Namakkal District, is the fit peson to take care of the minor detenue by keeping her in her care and custody. 13. In the result, the Habeas Corpus Petition is disposed of, entrusting the minor detenue Anandhi in the custody of Mrs.Lakshmi, W/o.Sankar, Kanavaipatti, Namakkal District, until she attains majority. The petitioner is permitted to visit her and to help Mrs.Lakshmi to maintain her. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1. The Superintendent of Police Trichy District. 2. The Inspector of Police Thathaiyangarpettai Police Station Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai mvs rl/4 c- 28.12.2011 H.C.P.(MD) No.656 of 2011 25/11/2011 https://hcservices.ecourts.gov.in/hcservices/