Prakash v. The State Rep.By Deputy 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 Prakash S/o.Venkateshwaralu ... Petitioner Vs.

State Rep. By

1. Deputy Commissioner of Police Mylapore Police Station Royapettah, Chennai Tamil Nadu.

2. The Inspector of Police E-2, Royapettah Police Station, Royapettah, Chennai.

Crime No.327 of 2025 ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the 1st and 2nd respondents to produce the petitioner's brother Praveen, S/o.Venkateshwaralu, aged about 24 years before this Court and set him at liberty. For Petitioner : Mr.C.Balaji 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 respondents-Police to produce the petitioner's brother namely, Praveen, aged bout 24 years, before this Court and set him at liberty.

2. Heard both sides and perused the materials available on record.

3. According to the petitioner, on 29.12.2025 at about 1.00 p.m. the petitioner's brother went to Madhavaram to meet his client and did not return to his residence as assured. Thereafter, the petitioner lodged a

complaint before the second respondent on 30.12.2025 seeking to secure the detenu and the same was registered as Crime No.327 of 2025 under the head "man missing". Since there was no effective response from the second respondent-police, the present petition has been filed seeking production of the detenu.

4. The learned Additional Public Prosecutor appearing for the respondents - Police submitted that the detenu was neither kidnapped nor abducted and that he had eloped with the wife of his friend, Udayakumar. It was further submitted that the said Udayakumar had also lodged a complaint, which was registered as Crime No.326 of 2025 on 30.12.2025. The learned Additional Public Prosecutor further submitted that since the detenu had voluntarily eloped with Udayakumar's wife, 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 detenu (the petitioner's brother) is not in any illegal custody.

6. It is well settled that a Writ of Habeas Corpus is maintainable only in cases of illegal detention. Where a person of majority has left their residence of their own free will, the essential element of 'illegal detention' is conspicuously absent. In the absence of cogent foundational material suggesting that the alleged detention is being held against their will, this Court cannot invoke its extraordinary jurisdiction under Article 226 of the 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 Deputy Commissioner of Police Mylapore Police Station Royapettah, Chennai, Tamil Nadu.

2. The Inspector of Police E-2, Royapettah Police Station, Royapettah, Chennai.

3. The Public Prosecutor High Court, Madras.

P.VELMURUGAN, J., AND M.JOTHIRAMAN, J., ms 27.02.2026