1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN Habeas Corpus Petition(MD)No.715 of 2011 G.Iyyappan .. Petitioner Vs. The State rep.by 1.The Inspector of Police, Manamadurai Police Station, Sivagangai District. 2. Sangupandi 3. Subramani 4. Petchiyammal .. Respondents PRAYER:Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the first respondent to produce the person or body of the minor Veeralakshmi, aged about 17 years, daughter of the petitioner's brother from the illegal custody of the respondents 2 to 4 before this Court and hand over the custody to the petitioner. For petitioner : Mr.S.Murugan For respondents : Mr.C.Ramesh, Addl.Public Prosecutor for R1 Mr.V.Kannan for R.2 : Mr.R.Alagumani for Detenue ORDER (Order of the Court was made by ARUNA JAGADEESAN, J.) This Habeas Corpus Petition is filed by the petitioner to direct first respondent to produce the person or body of the minor Veeralakshmi, aged about 17 years, daughter of the petitioner's brother from the illegal custody of the respondents 2 to 4 before this Court and hand over the custody to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The petitioner is the paternal uncle of the detenue- Veeralakshmi, aged about 17 years. According to the petitioner, the detenue is his brother's daughter and his brother is in Dubai working as Carpenter. The detenue was in his custody and he is looking after her as a guardian. She was studying B.Com (CA) Ist year in Devangar College, Aruppukottai and she is a hosteller. 3. According to the petitioner, on 30.07.2011, he brought the detenue from the college hostel to Manamadurai and sent her back to the hostel on 03.08.2011. He was informed by the authorities of the College that she did not come to the hostel. Thereafter, they have searched her and they were unable to locate her and a complaint was given to the first respondent suspecting that the second respondent had kidnapped her with the help of the respondents 3 and 4. 4. Today, the detenue was produced before us and her father was also present who has returned from Dubai. We enquired the detenue and she stated that she is unwilling to go with her father. However, she is interested to pursue her studies by staying in the hostel. Her father also agreed for the same. She expressed her willingness to reside with her grand-parents' in their house who are living separately in the same village. Her statement reveals that she is not under illegal confinement of anyone much less the respondents 2 to 4. 5. Considering the facts and circumstances of the case, the detenue is directed to go with her grandmother and she is permitted to pursue her studies by staying in the hostel and during her holidays, she should stay at her grand-parents' house. 6. The Habeas Corpus Petition is disposed of accordingly. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The Inspector of Police, Manamadurai Police Station, Sivagangai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One CC to Mr.R.Alagumani, Advocate, SR.No.33251 ssl rl/4c – 18.10.2011 HCP(MD)No.715 of 2011 23.09.2011 https://hcservices.ecourts.gov.in/hcservices/