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H.C.P.(MD)No.1314 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 05.02.2026

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

AND

THE HONOURABLE MS.JUSTICE R. POORNIMA

H.C.P.(MD)No.1314 of 2025

Latha ... Petitioner

-vs-

1.The Superintendent of Police,

Trichy District,

Trichy.

2.The Inspector of Police,

Thuraiyur Police Station,

Trichy District. ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Habeas Corpus, directing the respondents to

produce the body or person of petitioner's daughter by name Hema,

D/o.Senthil Kumar, female, aged 17 years, the detenu in the present case,

before this Court and consequently hand over the custody of the detenu

the petitioner.

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H.C.P.(MD)No.1314 of 2025

For Petitioner : Mr.M.Pitchai Muthu

For Respondents : Mr.R.Meenakshi Sundaram

Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.K. ILANTHIRAIYAN,J.

This Habeas Corpus Petition has been filed for a direction

directing the respondents to secure and produce the petitioner's minor

daughter before this Court.

2. The petitioner is the mother of the detenu. The detenu is

aged about 16 years. The detenu went missing from her house on

25.09.2025. Therefore, the petitioner lodged a complaint before the

second respondent, which was registered as Crime No.947 of 2025 under

“Girl Missing.” During investigation, the second respondent found that

the minor detenu eloped with one Tamilvanan and they were staying

together at Thirupur. The detenu is produced before this Court. She

deposed that she is aged about 17½ years and that her date of birth is

28.08.2008. She stated that she married one Tamilvanan and that she is

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H.C.P.(MD)No.1314 of 2025

presently seven months pregnant. She further deposed that she had earlier

eloped with the same person and, pursuant to a complaint, she was

secured and handed over to her parents. Therefore, she attempted to

commit suicide by consuming poison and was admitted to the hospital,

where she is taking treatment for more than ten days. Now, she doesn't

want to go with her parents and she is living with her husband happily.

3. The petitioner and her husband appeared before this Court

and stated that they have no objection for the detenu living with her

husband. However, since the detenu is a minor and has refused to go with

her parents, and the parents are also unwilling to take her into their

custody, this Court is left with no other option but to send the detenu to a

Government Home.

4. In view of the above, this Court directs the second

respondent to produce the minor detenu namely Hema before the

Integrated Service Centre, Periyamilaguparai, Cantonment, Trichy as it is

also located nearby Government Hospital, Trichy. The second

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H.C.P.(MD)No.1314 of 2025

respondent must ensure that the detenu shall be given treatment for her

pregnancy periodically.

5. The District Social Welfare Officer, Cantonment, Trichy is

directed to take care of the detenu by name Hema, who is at the stage of

7 months pregnency during her delivery and post delivery. The In-charge

of the Integrated Service Centre, Periyamilaguparai, Cantonment,

Trichy is directed to permit the relatives of detenu to visit the detenu at

her wishes. Further, the second respondent is directed to submit a report

about the detenu's health condition before this Court, once in a month,

till her attainment of majority.

6. In view of the above directions, the habeas corpus petition is

disposed of.

[G.K.I., J.] [R.P., J.]

05.02.2026

am

NCC :Yes/No

Index: Yes/No

Internet: Yes/No

Note: Issue order copy on or before 06.02.2026

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H.C.P.(MD)No

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