BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07/01/2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE S.PALANIVELU H.C.P.(MD) No.634 of 2007 V.Sankaran .. Petitioner vs 1.The Superintendent of Police Thoothukudi District Thoothukudi 2.The Inspector of Police Ottapidaram Police Station Thoothukudi District 3.Muthu .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus to direct the respondents to produce the body of the detenue namely S.Veerakasi, D/o. V.Sankaran, aged about 17 years before this Court and set her at liberty. !For Petitioner ... Mr.N.Sathish Babu ^For Respondents ... Mr.Daniel Manoharan Additional Public Prosecutor for RR1 and 2 :ORDER
(Order of the Court was made by M.CHOCKALINGAM, J.)
This petition is brought forth for a writ of habeas corpus by the
petitioner alleging that his 17 year old daughter was found missing from
22.11.2007; that a complaint was given the very day; that a case came to be
registered by the second respondent police on 27.11.2007; that despite that, she
has not been traced; and that under the circumstances, an order has got to be
passed.
2.According to the State, on the complaint of the petitioner, a case came
to be registered in Crime No.116 of 2007 on 27.11.2007, under Sec.366-A of
I.P.C. against the third respondent, and the third respondent also surrendered
before the Court, and anticipatory bail has been granted by the Court.
3.When the matter is taken up by this Court day this day, the alleged
detenue is also produced before the Court. She is also enquired. According to
her, her date of birth is 7.4.1990, and she married the third respondent on
23.11.2007, and they are now living at Perianatham as husband and wife.
4.This Court is of the view that though she is minor, she is at the verge
of attaining majority, and she has got married and has been living with him.
Further, the parents are willing to take her, to which course she is not
amenable. As stated above, she is at the verge of attaining majority. Once she
has come forward to state that she married the third respondent and is living
with him, it is a case where if any order is passed giving custody of the girl
to the parents, it would be against the interest of the alleged detenue. Under
the circumstances, it is not a fit case where a writ as asked for, could be
issued. Accordingly, this habeas corpus petition is disposed of.
nsv/1
1.The Superintendent of Police
Thoothukudi District
Thoothukudi
2.The Inspector of Police
Ottapidaram Police Station
Thoothukudi District