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2016 DIGILAW 165 (MAD)

B. Venkatesan v. Superintendent of Police Villupuram District

2016-01-18

P.N.PRAKASH, R.SUDHAKAR

body2016
ORDER : P.N.PRAKASH, J. The above petition has been filed by the petitioner/father of the detenue Manimozhi, aged 17 years, seeking to cause production of his daughter who is said to be in the illegal custody of the respondents 3 to 5, before this Court and to set her at liberty. 2. It is the case of the petitioner that his daughter Manimozhi, aged 17 years, a day scholar, studying B.Com [I year] in St. Joseph's College at Cuddalore, went to the College on 25.10.2015 and did not return late evening. Hence, the petitioner lodged a complaint before the 2nd respondent police, in connection with which, a case in Cr.No.1219/2015 for the alleged offence u/s.366-A IPC has been registered against the 3rd respondent and the investigation is in progress. Since the police has not taken any effective steps in securing his daughter, the petitioner is before this Court by way of filing the present Habeas Corpus Petition. 3. Today, the respondent police have secured and produced the detenue Manimozhi before this Court. The petitioner/father of the detenue is present before us along with his wife and elder son. Learned counsel for the 4th respondent is also present. 4. Learned Additional Public Prosecutor would submit that the respondent police apprehended the detenue on 13.01.2016 at Kalinijikuppam in Cr.No.1219/2015 and after producing her before the Child Welfare Copmmittee, lodged her in. It is also his submission that the minor girl/detenue is yet to be produced before the learned Magistrate concerned. 5. Learned counsel for the 4th respondent would submit that the 4th respondent has no say in the matter and that he is in no way connected to the missing of the detenue Manimozhi. 6. On enquiry, the detenue Manimozhi has stated that she had gone along with Arun, the 3rd respondent herein, on her own volition. She was in love with him and that her parents were objecting to their love affair and that they are causing great hardship to her. She was very firm in her decision of not going along with her parents despite the best efforts of her parents in convincing her. It is her further statement that she is presently housed at and she also expressed her willingness to stay in the said Home. 7. She was very firm in her decision of not going along with her parents despite the best efforts of her parents in convincing her. It is her further statement that she is presently housed at and she also expressed her willingness to stay in the said Home. 7. The parents of the detenue have informed this Court through their counsel that if their daughter is produced before the Magistrate Court concerned, they will work out their remedy in accordance with law. 8. Admittedly, the detenue Manimozhi is a minor and her Date of Birth is 16.06.1998. Considering the above facts and circumstances, this Court is of the considered view that it would be appropriate to produce the detenue Manimozhi before the Court concerned for passing appropriate orders. 9. Accordingly, the 2nd respondent police is directed to produce the detenue Manimozhi before the learned Judicial Magistrate No.2, Villupuram, on 19.01.2016, who shall conduct an enquiry with the detenue and her parents and pass appropriate orders in accordance with law. Till then, the detenue shall be housed at the Home mentioned supra. 10. With the above direction, the Habeas Corpus Petition is closed.