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Madras High CourtHCP/286/2026closed

Settu v. The Superintendent Of Police,

2026-02-16Honourable Mr Justice P. Velmurugan,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-02-2026

CORAM

THE HON'BLE MR JUSTICE P. VELMURUGAN AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Settu S/o.Parasuraman ..Petitioner(s) Vs

1. The Superintendent of Police, Vellore, Vellore District.

2. The Inspector of Police, Virudampet Police Station, Vellore.

..Respondent(s) PRAYER : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents

herein to produce the detenue by name Bharathi, S/o.Settu, Male, aged about 32 years, before this Court and set him at liberty. For Petitioner(s):

Mr.R.Sivasankar For Respondent(s):

Mr.A.Damodaran Additional Public Prosecutor assisted by Mr.M.Karthikeyan

ORDER

(Order of the Court was made by P.Velmurugan, J.) This Habeas Corpus Petition has been filed seeking a direction to the respondents-Police to produce the detenu, viz., Bharathi, S/o.Settu, male, aged about 32 years, before this Court and set him at liberty.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The learned Additional Public Prosecutor appearing for the respondents-Police, on instructions, submitted that the detenu had voluntarily left his residence. It is further submitted that this is not the first instance when the detenu had gone missing. On an earlier occasion, the second respondentPolice traced the detenu and handed over his custody to the petitioner. Again,

on 17.09.2025 at 7.30 a.m., the detenu left his residence and thereafter, he did not return. Based on the complaint given by the petitioner, the respondentsPolice registered a case in Crime No.194 of 2025 for "Man Missing" and the investigation is in progress.

4. In view of the above submission and considering the fact that a case has already been registered and investigation is in progress, this Court finds that no case of illegal detention is made out warranting interference under Article 226 of the Constitution of India.

5. Accordingly, this Habeas Corpus Petition is closed. However, the respondents-Police are directed to expedite the investigation in Crime No.194 of 2025 and take all necessary steps to trace the detenu at the earliest and file a charge sheet before the jurisdictional Court. (P.V.,J.) (M.J.R.,J.) 16-02-2026 Index: Yes/No Speaking/Non-speaking order ms

To

1. The Superintendent of Police, Vellore, Vellore District.

2. The Inspector of Police, Virudampet Police Station, Vellore.

3. The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J.

AND M.JOTHIRAMAN, J.

ms 16-02-2026