1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.06.2011 CORAM: THE HONOURABLE MR. JUSTICE S.RAJESWARAN and THE HONOURABLE MR. JUSTICE G.M.AKBAR ALI HCP(MD)No.407 of 2011 M.Mariyaraj :Petitioner -Vs- 1.The Superintendent of Police, Madurai District, Madurai. 2.The Deputy Superintendent of Police, Usilampatti Division, Usilampatti, Madurai District. 3.The Inspector of Police, All Women Police Station, Usilampatti, Madurai District. 4.Karuppasamy 5.Sumathi :Respondents PRAYER:The Habeas Corpus petition is filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to produce the body of the detenue namely, Gokila aged 16 years daughter of M.Mariyaraj before this Court and hand over the custody of the detenue to the petitioner. For Petitioner : Mr.J.Selvam For Respondents : Mr.R.Anandharaj, Government Advocate ORDER (Order of this Court was made by S.RAJESWARAN,J.) The petitioner is the father filed this petition to search his minor daughter viz., Gokila, aged about 16 years. 2.It is the case of the petitioner that the 4th respondent Karuppasamy has kidnapped his daughter and kept her under illegal custody. He gave a police complaint before the 3rd respondent on 25.05.2011. Since no action was taken by the respondent Police, he filed this petition. 3.Today the respondent Police has produced the detenue and the 4th respondent before this Court. 4.On enquiry, the detenue minor girl stated that she has married the 4th respondent Karuppasamy and living with him at Tiruppur. It is her case that both of them are working as Tailors at Tiruppur and they are living happily together. She further stated that she is not willing to go with her parents and she is willing to go only with the 4th respondent, failing which she may prefer to go Government Observation Home. https://hcservices.ecourts.gov.in/hcservices/ 2 5.On enquiry, the 4th respondent has also admitted his marriage with the detenue which was held during May 2011. The petitioner being the father is also present along with his wife. On enquiry, they have stated that the detenue may be sent along with them as the 4th respondent is not a desirable person by character. They are worried about her life. 6.The learned counsel appearing for the petitioner/father produced a copy of the school certificate of the detenue issued by the Headmaster on on 25.05.2011. According to which, the date of birth of the detenue is 18.06.1994. 7.In view of the fact that the detenue is minor aged about 17 years and we are unable to send her along with the 4th respondent. The detenue has categorically stated that she would not prefer to go along with her parents for fear of life. 8.In the light of the above circumstances, we are left with no option excepting to send the detenue to the Government Observation Home, Madurai to be kept there till she attains majority. The Superintendent of the Government Observation Home, Madurai is directed to take care of her welfare and the Superintendent shall set her at liberty on her attaining majority. If the parents of the detenue prefer to see their daughter, the Superintendent shall do the needful. The 4th respondent is directed not to disturb the detenue. 9.With the above observation the petition is disposed of. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The Superintendent, Government Observation Home, Madurai. 2.The Superintendent of Police,Madurai District, Madurai. 3.The Deputy Superintendent of Police, Usilampatti Division, Usilampatti, Madurai District. 4.The Inspector of Police, All Women Police Station, Usilampatti, Madurai District. 5.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.J.Selvam, Advocate. SR.No.17261. Nbj RP/22.06.2011/2P/7C. H.C.P.(MD)No.407 of 2011 06.06.2011 https://hcservices.ecourts.gov.in/hcservices/