BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16/6/2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE M.DURAISWAMY H.C.P.(MD) No.471 of 2010 P.Amaravathi .. Petitioner vs 1.The State rep. by The Superintendent of Police Sivagangai District Sivagangai 2.The Sub Inspector of Police All Women Police Station Karaikudi Sivagangai District 3.P.L.Anandaraja 4.R.Anand .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus directing the respondents 1 and 2 to produce the body of the detenue P.Soundammal Sofia, aged 17 years, and hand over the custody to the petitioner. !For Petitioner ... Mr.S.Kameswaran ^For Respondents ... Mr.Isaac Immanuel Additional Public Prosecutor for RR1 & 2 :ORDER
(Order of the Court was made by M.CHOCKALINGAM, J.)
Invoking the writ jurisdiction of this Court, one Amaravathi has brought
forth this petition seeking a writ of habeas corpus alleging that her daughter
Soundammal Sofia aged 17, who completed +1 at Sri Kalaivani Vidhyalaya Matric
Higher Secondary School at Karaikudi, was found missing from 23.5.2010; that she
came to know her daughter has actually been taken away by the third respondent
with the assistance of his friends; that immediately she preferred a complaint
to the second respondent police the very day; that since no steps were taken,
she lodged a complaint through registered post to the respondents 1 and 2 again
on 2.6.2010, but of no avail, and hence she has filed this petition before this
Court.
2.When the matter was taken up for enquiry this day, it was represented by
the learned Additional Public Prosecutor that the alleged detenue is secured and
she is to be produced before the Court. Accordingly, she is also produced.
3.According to the learned Additional Public Prosecutor on instructions by
the second respondent police, originally a complaint was given on 23.5.2010, and
it was treated as petition enquiry, and she was actually secured and handed over
to the mother, the petitioner herein; but again she was found missing, and
thereafter, a complaint was given, and a case came to be registered in Crime
No.8 of 2010 under Sec.366-A of IPC, and now it is also pending investigation.
The alleged detenue along with the third respondent surrendered before the
Judicial Magistrate this morning. Accordingly, she is also produced before the
Court.
4.As far as the alleged detenue is concerned, the transfer certificate
what is produced before the Court would indicate that her date of birth was
5.5.1994, and thus she is a minor. She would submit that there was a marriage
between herself and the third respondent on 23.5.2010. Now, at this juncture,
it is pertinent to point out that she is a minor. Without going to the validity
or otherwise of the marriage, this Court is of the considered opinion that
either she has got to be sent to the Government Home since she is a minor, or
her custody has to be handed over to the petitioner mother, who is present in
Court. When the alleged detenue is enquired, she would submit that she is ready
and willing to go with her mother, the petitioner herein. Under the
circumstances, the custody of the alleged detenue is handed over to the
petitioner mother. As far as the third respondent is concerned, since the case
has already been registered under Sec.366-A of IPC, he has got to be produced
before the concerned Judicial Magistrate for necessary judicial remand.
Accordingly, this petition is disposed of.
nsv
To
1.The State rep. by
The Superintendent of Police
Sivagangai District
Sivagangai
2.The Sub Inspector of Police
All Women Police Station
Karaikudi
Sivagangai District
3.The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai