Father sought habeas corpus for his 17-year-old daughter allegedly kidnapped again by Mariappan, already facing trial for an earlier kidnapping and sexual assault. The detenu told the court she went willingly. The court directed production before the Child Welfare Committee, Virudhunagar, to decide custody, and closed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
H.C.P.(MD) No.40 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
H.C.P.(MD) No.40 of 2024
Muthu Kumar
... Petitioner
-vs-
4.Madasamy ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 to 3 to produce a body of person/detenu namely Leshalini, D/o.Muthukumar, aged about 17 years before this Court and hand over the custody to the petitioner.
Page 1 of 6
H.C.P.(MD) No.40 of 2024
For Petitioner :Mr.M.Jothi Basu For R1 to R3 :Mr.RMS.Sethuraman Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
This Habeas Corpus Petition has been filed by father of the detenu seeking to produce the person or body of the petitioner's minor daughter namely xxxxxxxx aged about 17 years before this Court.
Page 2 of 6
H.C.P.(MD) No.40 of 2024
Prohibition of Child Marriage Act, 2006 and Sections 5(l) r/w 6 of Protection of Children from Sexual Offences Act, 2012. The case has also been taken up for trial before the Special Court for Exclusive Trial of POCSO Act Cases, Srivilliputhur in S.C.No.61 of 2023. While the trial was going on, the said Mariappan has once again kidnapped the petitioner's daughter on 09.12.2023. On 10.12.2023 the petitioner had given a complaint before the third respondent. Based on the complaint given by the petitioner, a case in Cr.No.435 of 2023 has been registered under 'Girl Missing'. Since no steps have been taken by the respondent police to secure the detenu, the petitioner has filed the present Habeas Corpus Petition.
_____________ Page 3 of 6_
H.C.P.(MD) No.40 of 2024
known to her and that she had love affair with him and she had gone along with him on her own volition. She expressed her unwillingness to go along with her parents.
_____________ Page 4 of 6_
H.C.P.(MD) No.40 of 2024
petitioner is at liberty to approach the Child Welfare Committee regarding the custody of the child.
[A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 03.06.2024 Index : Yes / No Internet : Yes / No am
To:
_____________ Page 5 of 6_
H.C.P.(MD) No.40 of 2024
A.D.JAGADISH CHANDIRA, J. AND K.RAJASEKAR, J.
am
H.C.P.(MD) No.40 of 2024
03.06.2024
_____________ Page 6 of 6_
1 issue framed by the court
Whether the minor daughter, who left with Mariappan of her own volition, should be handed over to the petitioner or dealt with under law.
1 provisions across 1 enactments
Muthu Kumar
The Superintendent of Police, Virudhunagar District
The Deputy Superintendent of Police, Sivakasi
The Inspector of Police, Sivakasi Town Police Station
Madasamy
A.D.Jagadish Chandira
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
