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2010 DIGILAW 1420 (MAD)

T. Jegatheesan v. The Superintendent of Police, Nagapattinam District & Others

2010-03-31

C.S.KARNAN, M.CHOCKALINGAM

body2010
Judgment :- M. Chockalingam, J. The petitioner one Mr.Jagatheesan has brought forth this petition for a writ of habeas corpus alleging that his daughter Soundarya aged 15, was doing X Standard; that she went to school on 6.2.2010, but did not come back; that after making a search, he gave a complaint to the second respondent police on 22.2.2010; that a case has also been registered for girl missing, but she was not secured, and hence he was compelled to move before this Court. 2. On the last occasion, the learned Additional Public Prosecutor sought for an adjournment representing that she would be secured and produced before the Court. 3. This day, when the matter is taken up for enquiry, the petitioners daughter, the alleged detenue Soundarya, is produced. She is also enquired. According to her, she was born on 11.1.1995, and on the day when she was waiting in the bus stand in the morning hours, she was actually kidnapped by the third respondent and others, and now she has been secured by the police, and she is also willing to go with the father, the petitioner herein. 4. According to the learned Additional Public Prosecutor, the third respondent was arrested, and he was also produced before the Judicial Magistrate No.II, Mayiladuthurai, and he has also been judicially remanded. 5. The statement of the girl is recorded. It would be quite clear that she is a minor, and she is also willing to go with the father. Under the circumstances, it would be fit and proper that the custody has got to be handed over to the petitioner herein. Accordingly, it is ordered, and this habeas corpus petition is disposed of.