The welfare and safety of a minor take precedence in habeas corpus cases involving alleged kidnapping or abduction.

S. Nagamuthu, J.

This Habeas Corpus Petition has been filed alleging that the daughter of the petitioner by name Monisha, aged about 16 years was kidnapped by the respondents 3 to 9 and she was not secured by the police.

2. The Habeas Corpus Petition initially came before this Court on 22.12.2015. Thereafter, when the matter was taken up on 24.02.2016, this Court passed the following Order :

''This Habeas Corpus Petition has been pending from the month of December, 2015. The petitioner is the father of the detenue. The detenue, viz., Monisha, aged about 16 years, is a school going girl. According to the petitioner, the detenue was allegedly kidnapped on 13.12.2015. Though, several adjournments have been taken by the learned Additional Public Prosecutor and a status report has been filed by the 2nd respondent/The Inspector of Police, Kizhkodungalur Police Station, Thiruvannamalai District, who is the Investigating Officer, on 16.02.2016, no fruitful investigation appears to have been done.

2. A reading of the status report, dated 16.02.2016, revealed that no clue was found by the respondent police about the whereabouts of the minor girl. We are concerned with the welfare, safety and security of the minor school going girl, who is hardly aged 16 years. When we made a specific query as to, who has come to state about the developments made in the investigation, the learned Additional Public Prosecutor submitted that no body has turned up today to instruct him. Thus, the learned Additional Public Prosecutor is not in a position to place before this Court regarding the latest position of the case. It appears that even the Superintendent of Police is not taking any serious and effective steps to trace the detenue. Therefore, we are constrained to direct the Superintendent of Police, Tiruvannamalai District, to be present before this Court on 26.02.2016.

3. Call on 26.02.2016. The learned Additional Public Prosecutor shall communicate this order and shall ensure the presence of the Superintendent of Police before this Court on 26.02.2016.''

3. Again, when the matter came up for hearing on 26.02.2016, this Court passed the following Order:

''Today, as directed by this Court earlier, the Superintendent of Police, Thiruvannamalai, has made appearance before this Court. The Inspector of Police, who did the investigation, has also made appearance. They have produced the detenue, minor Monisha, before this Court. We enquired her. She informed us that her date of birth is 9.6.2000 and she is hardly aged 16 years. She further submitted that on her own accord, she went out of her parental home and married the third respondent on 13.12.2016 at Tiruppur Murugan Temple and from then onwards she was living with the third respondent as his wife. Further, she expressed her willingness to go with her parents.

2. Today, the parents of the minor girl and her maternal grandmother were also present. They expressed their willingness to took the minor girl with them to their house and to maintain her without causing any harm either physically or mentally to her, thereby ensuring her safety. The detenue told us that no action should be taken in law against the third respondent. We have explained to her that law will take its own course and we cannot concede to her request.

3. In view of the tender age of the girl and in view of the submission made before this Court by her, we deem it appropriate to pass the following interim order:

(i) The parents of minor girl Monisha, Mr.N.Venkatesan and Mrs.Thenmozhi are permitted to take the minor girl Monisha, get her into study and to maintain her, by keeping her in their custody, without causing any harm either physically or mentally. They should ensure absolute safety for her.

(ii) The President of the District Child Welfare Committee is directed to make periodical visits to the house of the petitioner to verify whether the minor girl is maintained properly there or not and to submit a report to this Court.

(iii) The