1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.11.2011 CORAM: THE HONOURABLE MR.JUSTICE.M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE.S.NAGAMUTHU H.C.P.(MD)No.485 of 2011 Jothi :Petitioner -Vs- 1.State rep.by Inspector of Police, Vedasandur Police Station, Vedsandur Taluk, Dindigul District. 2.R.P.Muniappan :Respondent Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to direct the first respondent to produce the body of the detenue, namely, Jothi Muniammal, aged about 15 years, the daughter of late.Subbiah Gounder, before this Court and hand over the custody to the petitioner. For Petitioner :M/s.S.Calvin Christopher For R.1 :Mr.A.Ramar,Addl.Public Prosecutor ORDER [Order of the Court was made by M.JAICHANDREN,J.] This Habeas Corpus petition has been filed, praying that this Court may be pleased to issue a Writ of Habeas Corpus to direct the first respondent to produce the detenue, namely, Jothi Muniammal, aged about 15 years, before this Court and to hand over the custody of the detenue, to the petitioner. 2.It has been stated that R.P.Muniappan, the second respondent herein, had kidnapped the detenue, who is a minor girl and had married her, forcibly. A complaint has been made to the first respondent police, on 15.02.2011. Thereafter, a petition, dated 28.02.2011, had been submitted to the District Collector, Dindigul, to trace the detenue and to hand over the custody of the detenue, to the petitioner. However, as no steps had been taken, the petitioner has preferred the present Habeas Corpus petition before this Court. 3.On 12.11.2011, when the detenue had been produced before this Court, by the first respondent police, she was not willing to go with the petitioner. As the detenue is a minor girl, this Court had passed an order directing the first respondent police to keep the detenue in the custody of the Government Vigilance Home,(Women), Chinnachokkikulam, Madurai-2, and to produce her, before this Court, on 14.11.2011, for passing further orders. When the detenue had been produced before this Court, on https://hcservices.ecourts.gov.in/hcservices/ 2 14.11.2011, she had once again stated that she was not willing to go with the petitioner. Therefore, she had been sent back to the Government Vigilance Home,(Women), Chinnachokkikulam, Madurai-2, to be produced before this Court, on 21.11.2011. 4.Today, the first respondent had produced the detenue before this Court. On enquiry, the detenue had stated that she is willing to go with her relative, namely, Habi Bunisa, the wife of S.Kannan, residing at 42, 217, R.M.Colony, 12nd Cross, Dindigul, who is the daughter-in-law of the second wife of the father of the detenue. On enquiry, the said Habi Bunisa, had stated that she would take care of the detenue and her needs. Though the detenue had stated that she has completed 20 years of age, she has not been in a position to produce any authenticated documents to show her real date of birth. 5.The learned counsels appearing on behalf of the petitioner, as well as the second respondent, have no objection for this Court entrusting the custody of the detenue with the said Habi Bunisa. 6.Keeping in mind the paramount interest of the minor detenue, she is entrusted with the said Habi Bunisa, who is found to be a fit person to take care of her welfare, until she completes the age of 18 years. This Habeas Corpus petition is ordered accordingly. SD/- Assistant Registrar (Records) / TRUE COPY / Sub Assistant Registrar To: 1.The Superintendent, Government Vigilence Home, Chinnachokkikulam, Madurai-2. 2.The Inspector of Police, Vedasandur Police Station, Vedsandur Taluk, Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.M.Rajaraman, Advocate. SR.No.41044. +1CC to Mr.S.Calvin Christopher, Advocate. SR.No.40946. Ssm Order made in H.C.P.(MD)No.485 of 2011 RP/09.12.2011/2P/6C. Dated:- 21.11.2011 https://hcservices.ecourts.gov.in/hcservices/