Eswari v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.02.2026 CORAM :
THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Eswari D W/o.Sankar ... Petitioner Vs.
1. The Commissioner of Police Office of the Commissioner of Police EVK Sampath Road, Vepery Chennai - 600 007.
2. The Deputy Commissioner of Police Kolathur Division, Kolathur Chennai - 600 099.
3. State Rep. By The Inspector of Police V-4, Rajamangalam Police Station Kolathur, Chennai - 600 099.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the third respondent to produce the petitioner's daughter, Mohana Priya, D/o.Sankar, aged about 24 years before this Court and set her at liberty.
For Petitioner : Mr.J.Srinivasan For Respondents : Mr.A.Damodaran Additional Public Prosecutor assisted by Mr.M.Karthikeyan
O R D E R
(Order of the Court was made by P.VELMURUGAN, J.) This Writ of Habeas Corpus Petition has been filed seeking a direction to the third respondent-Police to produce the petitioner's daughter namely, Mohana Priya, D/o. Sankar, aged about 24 years, before this Court and set her at liberty.
2. Heard the learned counsel on either side and perused the materials available on record.
3. According to the petitioner, on 24.01.2026, the petitioner's daughter (detenue), had gone to attend her MBA Semester Examination and after completion of the examination, she informed the petitioner over
phone that she had boarded a bus at around 5.00 p.m. However, she did not return home thereafter. Upon making enquiries at the bus stop and nearby areas, her whereabouts could not be traced, and her mobile phone was found to be unreachable. The petitioner lodged a complaint on 24.01.2026 before the third respondent police. However, no FIR or CSR was registered till date. The petitioner also submitted a representation to the first and third respondents on 06.02.2026. Since no action was taken so far, the petitioner is before this Court seeking production of the detenue.
4. The learned Additional Public Prosecutor appearing for the respondents - Police submitted that, pursuant to the investigation, the detenue appeared before the Sub-Inspector, Kilpennathur Police Station, Tiruvannamalai on 03.02.2026 and given a statement that she had voluntarily left her residence and married one Vallarasu, who is her coworker and that she is presently living with him. The learned Additional Public Prosecutor, further submitted that the detenue was neither kidnapped nor abducted and that there is no illegal detention.
5. Considering the facts and circumstances of the case and the submissions made by the learned Additional Public Prosecutor appearing
for the respondents-Police, this Court is of the view that the alleged detenue (the petitioner's daughter) is not in any illegal custody. It is evident that she voluntarily left her parental home and married one Vallarasu.
6. It is well settled that a Writ of Habeas Corpus is maintainable only in cases of illegal detention. When a major person has voluntarily left his/her residence, the question of illegal detention does not arise. In the absence of any foundational material to establish that the detenue is in unlawful custody, this Court finds no grounds to entertain the present petition under the extraordinary jurisdiction of Article 226 of Constitution of India. Hence, the present petition is liable to be dismissed. Accordingly, this Habeas Corpus Petition is dismissed. [P.V.,J.] [M.J.R.,J.] 27.02.2026 Index: Yes/No Speaking / Non Speaking ms
To
1. The Commissioner of Police Office of the Commissioner of Police EVK Sampath Road, Vepery Chennai - 600 007.
2. The Deputy Commissioner of Police Kolathur Division, Kolathur Chennai - 600 099.
3. The Inspector of Police V-4, Rajamangalam Police Station Kolathur, Chennai - 600 099.
4. The Public Prosecutor High Court of Madras.
P.VELMURUGAN, J., AND M.JOTHIRAMAN, J., ms 27.02.2026