1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.12.2011 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MR.JUSTICE S.NAGAMUTHU HABEAS CORPUS PETITION(MD).No.1117 of 2011 S.Ochathevar : Petitioner Vs. 1.The State by the Superintendent of Police, Theni District. 2.The State by the Inspector of Police, Palanichettipatti Police Station, Theni District. 3.The State by the Inspector of Police, Rayappanpatti Police station, Theni District. 4.The Principal, Kammavar College, Theni District. 5.Jeyabal 6.Rakkammal 7.Jeyakandhan 8.Guru Elango 9.D.Velchamy : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to direct the first and second respondents herein to produce the body or person of petitioner's minor daughter by name “Annalakshmi” aged 17 years before this Court and handover the custody of the petitioner. For Petitioner : Mr.M.Karunanithi For Respondents : Mr.A.Ramar For R1 and R2 Additional Public Prosecutor For R5 : Mr.C.Sasikumar https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R *********** [Order of the Court was made by S.NAGAMUTHU, J.] The petitioner is the father of one Annalakshmi, aged 17 years. Her date of birth is 28.05.1994. She is studying first year B.B.A., course in Kammavar College in Theni. She was staying in the college hostel. On 23.11.2011 at about 2.30 p.m., the fourth respondent, namely, the Principal of Kammavar College, Theni District, informed the petitioner over phone that Annalakshmi (hereinafter referred to as 'the detenue') was found missing from the hostel. Thereafter, the petitioner went in search of her to several places. Finally, he lodged a complaint with the second respondent on 25.11.2011. Later on, the enquiries made by him, revealed that the fifth respondent had kidnapped her with the help of the respondents 6 to 9. Since no action was taken fruitfully by the police on the said complaint, he has approached this Court with this Habeas Corpus Petition. 2. When this Habeas Corpus Petition came up for hearing on 07.12.2011, the detenue appeared before this Court on her own. The fifth respondent also appeared before the Court. The fifth respondent was also represented by a counsel. The petitioner along with her counsel was also present. On enquiries, the detenue submitted to the Court that she was not willing to go with her parents. However, she admitted that she is still a minor and she is doing B.B.A., course at Kammavar College in Theni District. On further enquiry, she submitted that she has married the fifth respondent on 27.11.2011 at Veerapandi Kowmariamman koil, Theni District. She further stated that she was willing to go with her close relative by name, Premkumar, who is residing at Karuvampalayam, Coimbatore. She has submitted that in the meanwhile, she would prefer to stay in Government Home for women in Madurai. The said statement was recorded. The counsel for the parties were also heard. Having regard to the above situation, this Court directed that the third respondent shall take the detenue into custody and handover her to the custody of Superintendent of the Government Vigilance Home (Women), No.20 Besant Road, Chinna Chokkikulam, Madurai and to produce her before this Court today. In the meanwhile, the learned counsel for the fifth respondent undertook to request Mr.Premkumar to be present before this Court. 3. Accordingly, during the morning session today, this Habeas Corpus Petition was taken up for hearing. The detenue was produced. The petitioner, his wife, his brother-in-law by name Kumar and a close relative Chinnasamy were also present. The counsel for the fifth respondent was also present. Since it was represented that there was likelihood of mediation among the family members and the relatives of the detenue, this Court passed the following order: “The detenue is present. Her maternal uncle by name Kumar is present. Another relative by name Chinnasamy is present. The petitioner and his wife are also present. The other relative of the petitioner are also present in Court. Having regard to the larger interest of the minor girl and her welfare, we are of the view that this is a fit case, where, among the family members of the detenue, theer has to be mediation. Therefore, we direct the parties to appear before Mr.Joseph Thangaraj, the learned counsel, who is the Mediator of this https://hcservices.ecourts.gov.in/hcservices/ 3 Bench, who is present in Court, has expressed his consent to act as Mediator. He is requested to mediate and the parties are directed to appear before the Mediation and Conciliation Centre attached to this Bench forthwith, where the Mediator will mediate and file a report by 2.15 p.m. today before this Court. Call at 2.15 p.m. today. “ 4. At 2.15 p.m today, the matter was again taken up. The Mediator has submitted a report to this Court, in which, he has stated as follows: “6.The following settlement has been arrived at between the parties hereto: a.The petitioner's daughter, who is a minor girl expresses her willingness to go along with the father, petitioner. b.The other family members are also happy that the minor is going along with the father, petitioner. “ 5. The detenue was enquired by this Court. She would state that she is willing to go with her parents and to be in their custody. She would further state that her safety may be ensured. The petitioner and his wife, who are present in Court, would submit that they would keep the detenue in their custody providing all basic amenities to her and without causing any harm to her. The said statement is also recorded. 6. The learned counsel, namely, the Mediator Mr.R.Joseph Thangaraj, would submit that in the interest of the minor girl and her family members, it would be better, if the petitioner, his family members and the detenue appear for further counselling before the Mediation Centre periodically. The learned counsel for the petitioner also agrees for the same. 7. In view of the same, this Habeas Corpus Petition is disposed of with the following direction: (1) the detenue is entrusted to the custody of the petitioner and his wife, Ananthi for safe custody with a direction to them to keep the detenue in their custody ensuring her safety and by providing all basic amenities to her. It is further directed that no harm, either bodily or mentally, shall be caused by them to the detenue. (2) the minor detenue shall be produced by the petitioner and his wife on 22.12.2011 at 10.30 a.m., and thereafter once in a month before the Mediation Centre for counselling with the family members. (3) if the detenue will have any grievance she will be at liberty to express the same to the Mediator. The mediator shall do appropriate counselling for the detenue and her family members. The second respondent Inspector of Police, Palanichettipatti Police Station will keep vigil and visit the house of the petitioner periodically to ensure that there is no harm caused to the detenue. RR Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1.The Superintendent of Police, Theni District. 2.The Inspector of Police, Palanichettipatti Police Station, Theni District.[To keep vigil & Visit the petitioner counsel detenu] 3.The Inspector of Police, Rayappanpatti Police station, Theni District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5.The Co-Ordinator, Madurai Bench of Madras High Court, Madurai. ORDER MADE IN HABEAS CORPUS PETITION(MD).No.1117 of 2011 Dated:09.12.2011 4P/6C RPB : 16.12.2011 https://hcservices.ecourts.gov.in/hcservices/