M.Saravanakumar v. The State Of Tamil Nadu Rep By, The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2025 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN M.Saravanakumar

...Petitioner

vs.

1.The State of Tamil Nadu, rep. by The Commissioner of Police, Chennai City, Chennai.

2.The Inspector of Police, Ayyanavaram Police Station, Chennai City, Chennai.

...Respondents

Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the petitioner's wife, namely, Abarna Sree W/o.Saravanan, aged about 21 years and his son, namely, Pranesh, aged about 11⁄2 years before this Court and set them at liberty.

For Petitioner : No Appearance

For Respondents : Mr.S.Raja Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH, J.) There is no representation on behalf of the petitioner.

2. The petitioner has filed the present Habeas Corpus Petition complaining that his wife had left the matrimonial house, along with their 11⁄2 year old son. The petitioner's earlier complaint in this regard before the 2nd respondent-Police has been registered in Crime no.172 of 2025 under the caption 'woman/boy missing'.

3. Today, when the matter was called, the 2nd respondent-Police had secured both the detenue as well as the minor son and produced before us. The learned Additional Public Prosecutor, on instructions from the 2nd respondent, submitted that the detenue had left her husband owing to some matrimonial dispute and that she is now living with her mother. He also submitted that the detenue does not intend to reconcile with her

husband/petitioner herein.

4. The detenue, who is aged about 21 years, has taken a concious decision to choose her place of residence and thus, this Court will not be justified in entertaining the prayer sought for in the present petition. However, since the petitioner herein is the biological father of his 11⁄2 year old son, he would be at liberty to visit his son as and when he intends to, after giving prior intimation to the detenue, for which purpose, the detenue has also expressed that she has no objection.

5. With the above liberty, the Habeas Corpus Petition stands disposed of.

[M.S.R, J.] [V.L.N, J.] 12.06.2025 Index: Yes/No Speaking order/Non-speaking order hvk

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN, J.

hvk To 1.The Commissioner of Police, Chennai City, Chennai.

2.The Inspector of Police, Ayyanavaram Police Station, Chennai City, Chennai.

3.The Public Prosecutor, High Court, Madras.

12.06.2025