T. Hemavathy v. State Rep By Its, The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-09-2025

CORAM:

THE HONOURABLE MRS. JUSTICE J. NISHA BANU AND THE HONOURABLE MR. JUSTICE S. SOUNTHAR T.Hemavathy W/o Thirunvakkarasu ... Petitioner Vs.

State Rep. by its

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

2. The Inspector of Police, B1, Siva Kanchi Police station, Kanchipuram District.

3. Priya ... Respondents PRAYER: The Habeas Corpus Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus, to direct the respondents to produce the body of the petitioner's husband Thirunavukkarasu S/o Punniyakotti, aged about 29 years, who is now illegally detained by the 3rd respondent, before this Court and set him at liberty.

For Petitioner : Mr.G.Punniakotti

For Respondents : Mr.A.Damodaran Additional Public Prosecutor - - - - -

ORDER

(The order of the Court was made by J.Nisha Banu,J.) This Habeas Corpus Petition has been filed by the wife of the detenu seeking for a direction to produce her husband Thirunavukkarasu S/o Punniyakotti, aged about 29 years, who is now illegally detained by the 3rd respondent, before this Court and set him at liberty.

2. The case of the petitioner is that she got married with the detenu on 09.09.2021 and having two female children. They are residing in a rented house at Pillaiyarpalayam, Kanchipuram. The 3rd respondent is living in the 1st floor of their rented house along with her husband and two children. She came to know that her husband had illicit affair with the 3rd respondent and she warned him. After a lapse of few months, during her pregnancy period, she went to her maternal home. Again her husband/detenu entered into adulterous relationship with the 3rd respondent. Hence, she gave a complaint before the respondent police on 01.05.2025. The 3rd respondent arrived at the police station and gave a statement before the police that she eloped with her husband/detenu to Thiruvannamalai and stayed there for 3 days and thereafter, he send her

off alone and told her that he will come later. Since her husband did not return home, the petitioner gave a complaint before the 2nd respondent Police. As no action was taken, the present petition has been filed.

3. Today, the learned Additional Public Prosecutor would state that the detenu is secured and he also produced him before this Court. Learned Additional Public Prosecutor would further state that the detenu is willing to go with the petitioner. The detenu also would state that he is willing to go with his wife.

4. Recording the above statements, this Habeas Corpus Petition is closed.

(J.NISHA BANU, J.) (S. SOUNTHAR, J.) 08-09-2025 vsi To

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

2. The Inpector of Police, B1, Siva Kanchi Police station, Kanchipuram District.

3. The Public Prosecutor, High Court of Madras, Chennai.

J. NISHA BANU, J.

and S. SOUNTHAR, J.

vsi 08-09-2025