1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.06.2011 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN and THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI H.C.P.(MD)No.68 of 2011 S.Jeyaraj :Petitioner -Vs- 1.The Superintendent of Police, Kanyakumari District at Nagercoil. 2.The Inspector of Police, Thuckalay Police Station, Kanyakumari District. 3.Bibin 4.David :Respondents Petition filed under Article 226 of the Constitution of India for issuance of a writ of Habeas Corpus directing the respondents to produce the petitioner's minor daughter aged about 16 years, born on 19.02.1994, namely Jayasree before this Court and handover the custody to the petitioner. For Petitioner : Mr.M.M.Subhash Babu For Respondents: Mr.C.Ramesh, Addl.Public Prosecutor for R1 and R2 ORDER (Order of the Court was made by S.RAJESWARAN, J.) The petitioner has filed this Habeas Corpus Petition to produce his minor daughter-Jayasree, aged about 17 years. According to him, the detenue was studying her 12th Standard in the Amala Convent HSS Thuckalay, Kanyakumari District and she was a Residential Scholar in the hostel. While so, on 07.01.2011, she appears to have left the hostel and has not come back to the hostel thereafter. A complaint was preferred to the second respondent and a case was registered in Crime No.44 of 2011 on 12.01.2011 under Section 366(A) IPC. Since then, he could not trace his daughter and her whereabouts are not known. Hence the above HCP has been filed before this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Today, the respondent-Police produced the detenue who is said to be in the Government Obervation Home, Nagercoil. The petitioner is also present before this Court. On enquiry, the detenue has told us that she is yet to complete the age of 18 and she admits she is housed in the Government Observation Home. She admitted her marriage with the third respondent who is said to be her relative. She further adds that after marriage both of them lived at Manali, Chennai for six months, from where she was taken to the Government Home by the Police. 3.However, she has now taken a decision to be in the Government Home and not to go with the petitioner / her father. She also expressed the same view before the petitioner / her father. Her father, who is present before this Court, was also called and appraised of these facts. 4.In view of the decision taken by the detenue to be in the Government Observation Home, Nagercoil till she attains majority, nothing further remains to be considered in this HCP and accordingly the same is dismissed. The detenue shall be kept in the Government Observation Home till she attains majority. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To: 1.The Superintendent of Police, Kanyakumari District at Nagercoil. 2.The Inspector of Police, Thuckalay Police Station, Kanyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To: The Officer In-charge, Government Observation Home, Nagercoil. KM RP/24.06.2011/2P/5C. H.C.P.(MD)No.68 of 2011 10.06.2011. https://hcservices.ecourts.gov.in/hcservices/