M.Malarkodi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2026 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN M.Malarkodi ... Petitioner Vs.

1. The Commissioner of Police, Commissioner Office, Sangagiri Main Road, Annathanapatti, Salem - 636 006.

2. The Deputy Commissioner of Police, Deputy Commissioner Office, Sangagiri Main Road, Annathanapatti, Salem - 636 006.

3. The Inspector of Police, Deevattipetti Police Station, Salem - 636 305.

... Respondents Prayer: This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India to issue Writ of Habeas Corpus to direct the respondents to produce the petitioner's father namely Jayakumar, aged 60 years before this Court and set him at liberty.

For Petitioner : Mr.M.Mahamani 1 / 4

For Respondents : Mr.A.Damodaran, Addl. 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 directions to the respondents to produce the petitioner's father namely Jayakumar, aged 60 years, before this Court and set him at liberty.

According to learned counsel for the petitioner, the petitioner is the only daughter of the detenue and since 2021 he was living with one Nithin Raj, who is the son of the detenue's brother. There was property dispute between the family members and from the year 2025 the whereabouts of the detenue is not known and the detenue may be under the illegal custody of the said Nithin Raj. Hence the present petition. Learned Additional Public Prosecutor for the respondents would submit that the detenue is the father of the petitioner and initially she abandoned the detenue and the detenue was admitted in the orphanage namely Life Trust. The police report dated 11.04.224 shows that due to poor health ,the detenue died on 11.04.2021 itself. 2 / 4

In view of the above submissions made by the learned Additional Public Prosecutor and the police report dated 11.04.2021, this Habeas Corpus Petition stands dismissed.

[PVJ] [MJRJ] 26.02.2026 cgi To

1. The Commissioner of Police, Commissioner Office, Sangagiri Main Road, Annathanapatti, Salem - 636 006.

2. The Deputy Commissioner of Police, Deputy Commissioner Office, Sangagiri Main Road, Annathanapatti, Salem - 636 006.

3. The Inspector of Police, Deevattipetti Police Station, Salem - 636 305.

4. The Additional Public Prosecutor, Madras High Court. 3 / 4

P.VELMURUGAN. J.

and M.JOTHIRAMAN, J.

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