1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.7.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P(MD)No.330 of 2011 V.Kaleeswaran .. Petitioner vs. 1.The Director General of Police, Chennai. 2.The Superintendent of Police, Sivagangai District. 3.The Sub Inspector of Police, Kalaiyar Koil Police Station, Sivagangai District. 4.Siva 5.Selvaraj 6.Sathya 7.Pandi 8.Vijaiya 9.Sundar 10.Muthukumar 11.Ilayaraja .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents herein to produce the body of petitioner's 16 years old minor daughter Rajapriya before this Court and hand over the custody of the petitioner's daughter to the petitioner. For petitioner : Mr.AR.Jeya Ruthran, For respondents 1 to 3: Mr.C.Ramesh, Addl.Public Prosecutor For respondents 5 to 8: Mr.R.R.Thamothar Raj For 9th respondent : Mr.M.Saravana Kumar ORDER (Order of the Court was made by S.RAJESWARAN,J) Pursuant to the orders passed by this Court on 30.6.2011, the detenue was produced before this Court from the Government Vigilance Home, Madurai. 2. The petitioner/father of the detenue was also present before this Court with his counsel. https://hcservices.ecourts.gov.in/hcservices/ 2 3. After allowing them to have a discussion among themselves, the petitioner/father came forward with a proposal that his daughter would be taken and kept in her maternal uncle's house at Kalaiyar Koil for some time and thereafter, after attainment of majority, she would be given in marriage to the fourth respondent to whom she is said to have married. 4. The detenue, who is present before this Court, is also agreeable to this proposal mooted out by the petitioner, her father. 5. The fourth respondent, who is also present before this Court, has been advised suitably to abide by the order to be passed by this Court and wait till she attains the majority. In the mean time, it is made clear that he should not disturb either the detenue or the parents of the detenue. 6. We find that the detenue agreed to go along with her father to be kept in her maternal uncle's house only on the assurance given by her father before us that she would be given in marriage to the fourth respondent properly, once she attained majority. Therefore the petitioner and his wife are advised suitably to treat her well and keep up the promise and get her married to the fourth respondent. Only on that assurance we passed orders to release the detenue from the State Vigilance Home to be sent along with her father to be kept in her maternal uncle's house. The petitioner/father must abide by the Court's order and nothing detrimental to the interest of the detenue/his daughter should happen on any account by him or by anyone. 7.The fourth respondent is also directed suitably to wait till the detenue attains majority. 8. In view of the above orders passed subsequent to the settlement arrived at between the parties, the respondent police are directed not to harass or proceed with the compliant given by the petitioner against respondents 5 to 8. They are represented by a counsel and they are nothing to do with the missing of the detenue. 9. In view of the above, the detenue or the fourth respondent are at liberty to approach this Court at appropriate time for getting appropriate orders from this Court. 10. In the mean time, during the course of her stay at the uncle's house, if the detenue faces any difficulty or problem, she can approach this Court in her person/through her counsel for seeking appropriate orders. 11. The Habeas Corpus Petition is disposed of in the above terms. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Director General of Police, Chennai. 2.The Superintendent of Police, Sivagangai District. 3.The Sub Inspector of Police, Kalaiyar Koil Police Station, Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.AR.Jeyarhuthram, Advocate, SR.No.21511 asvm GH : 21.07.2011 : 3p/6c H.C.P.(MD)No.330 of 2011 01.07.2011 https://hcservices.ecourts.gov.in/hcservices/