Disposed¶36

P.Asokamoorthi v. The State rep.by

Madras HC23 Mar 2026HCP/473/2026

Case brief

AI extract

What is this about?

Keywords: habeas corpus; Article 226 Constitution of India; minor detenue; missing girl; custody handover to parents; detenue willing to return; grand-mother; POCSO Act 2012; Spl.S.C.No.68 of 2025; POCSO Court Salem; Crime No.06 of 2026; Crime No.536 of 2024; Salem District; Mecheri All Women Police Station; Mettur Taluk; HCP No. 473 of 2026; Madras High Court; dated 23-03-2026; Dr. Anita Sumanth J.; Sunder Mohan J.; neutral citation 2026:MHC:1203.

What did the court decide?

Custody of the minor detenue Bruntha handed over to her parents; habeas corpus petition closed; no costs. ¶36

P.Asokamoorthi Vs The State rep.by — Child Sexual Offences (POCSO) | Madras HC (2026)

¶1

2026:MHC:1203

¶2

HCP No. 473 of 2026

¶3

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶4

DATED: 23-03-2026

¶5

CORAM

¶6

THE HON'BLE DR.JUSTICE ANITA SUMANTH

¶7

AND

¶8

THE HON'BLE MR.JUSTICE SUNDER MOHAN

¶9

HCP No. 473 of 2026

¶10

P.Asokamoorthi S/o.Mr.Periyasami, No.7/17-A3, Moorthypatty, M.Kallipatti, Salem-636 453.

¶11

..Petitioner(s)

¶12

¶13

The State rep.by, The Superintendent of Police, O/o. Superintendent of Police, Salem District.

¶14

The Inspector of Police, All Women Police Station, Mecheri PS Limit, Mettur Taluk, Salem District.

¶15

Vignesh S/o.Rajendiran, Adidravidar Street, Sikkanampatty, Kadaiyampatty Taluk, Salem district.

¶16

..Respondent(s)

¶17

Prayer: Habeas Corpus petition filed under Article 226 of Constitution of India for issuance of a writ, order or direction and in particular to issue WRIT

¶18

Page1 of 4

¶19

https://www.mhc.tn.gov.in/judis

¶20

HCP No. 473 of 2026

¶21

OF HABEAS CORPUS, directing the 1^st and 2^nd respondents to produce the petitioner’s minor daughter namely Bruntha who is aged about 17 years before this Hon’ble Court and handover to the petitioner and pass such order or other order as this Hon’ble Court may deem fit and proper circumstances of the case.

¶22

For Petitioner(s): Mr.D.Aesu Arokia Anbarasu for Ms.C.Dharani

¶23

For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecutor Assisted By Mr. N. Narkeeran (For R1 and R2)

¶24

ORDER

¶25

(Order of the Court was made by Dr.Anita Sumanth J.)

¶26

The detenue is one Bruntha, aged 17 years (date of birth as per Birth Certificate being 14.05.2008) who is missing from 27.02.2026 onwards. The petitioner herein / father of detenue made a complaint before the authorities and a case was registered in Crime No.06 of 2026 for girl missing. Since the petitioner was unhappy with the efforts taken by the police to secure the detenue, he has approached this Court by way of the present habeas corpus petition.

¶27

There is a history to the matter in that, even prior to this occurrence, the detenue had gone missing from her home on 31.10.2024. A case was registered under Crime No.536 of 2024 for girl missing and after some efforts, it was found that she was in a relationship with R3.

¶28

Page2 of 4

¶29

https://www.mhc.tn.gov.in/judis

¶30

HCP No. 473 of 2026

¶31

Upon filing of the final report, the offences were altered to include

¶32

relevant offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012). The matter is pending before POCSO Court, Salem

¶33

in Spl.S.C.No.68 of 2025. It is in the above circumstances, that she has once again left her home.

¶34

According to learned Additional Public Prosecutor, she had left the home on account of objections from her father, and now wishes to go with her grand-mother.

¶35

However, we have conversed with both the detenue as well as her parents and now, find that the detenue is willing to go back with her parents. She appears to be a good student in the final year of the E.E.E. Diploma course. Her aversion to staying with her parents appears to be on account of their raking up her past misdeeds which, they now say, they will desist from doing.

¶36