Senthilkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Senthilkumar S/o.Selvaraj, No.74/H, Pasupathi Street, Myladuthurai, Nagapattinam District, Tamil Nadu - 609 001.

present address No.19, Selvaganapathi Nagar, 2nd Street, Thiruverkadu, Chennai - 600 077.

Petitioner(s) Vs 1.State represented by The Superintendent of Police, Thiruvallur District.

2.The Inspector of Police, T-5, Thiruverkadu Police Station, Avadi, Chennai.

Respondent(s) Habeas Corpus Petition filed under Article 226 of the Constitution of

India to issue a Writ of Habeas Corpus directing the respondents to produce the petitioner's wife Geetha, aged 26 years, daughter Sabitha aged about 6 years and son Nithish, aged about 4 years, before this Court and set them at liberty.

For Petitioner(s):

Mr.R.Priyanka For Respondent(s): Mr.A.Damodaran Additional Public Prosecutor assisted by Mr.M.Karthikeyan

ORDER

(Made by N.Sathish Kumar, J.) This habeas corpus petition has been filed seeking to direct the respondents to produce the petitioner's wife Geetha, aged 26 years, daughter Sabitha aged about 6 years and son Nithish, aged about 4 years, before this Court and set them at liberty.

2.

According to the petitioner, his wife Geetha, aged about 26 years and children Sabitha aged about 6 years and Nithish, aged about 4 years, went missing from 06.08.2025 and thereafter, their whereabouts are not known; in this regard, he has given a complaint to the police and since

the police are not taking effective steps to secure his wife and children, he has preferred the present petition.

3.

On instructions, the learned Additional Public Prosecutor would submit that on a complaint filed by the petitioner, a case in Thiruverkadu Police Station Crime No.538 of 2025 has been registered on 10.08.2025 for "woman, girl and boy missing" and during the course of investigation, it came to light that the petitioner's wife is residing with her mother in Bengaluru and she has given statement to the police that she is not willing to join the petitioner. He also produced a photocopy of the statement given by the petitioner's wife before this Court. 4.

A perusal of the statement given by the petitioner's wife clearly shows that she is not in the illegal custody of anyone for the issuance of writ of habeas corpus. Since, it is a matrimonial issue, it is for the petitioner to workout his remedy in the manner known to law. In the result, this habeas corpus petition stands closed.

(N.S.K., J.) (M.J.R., J.) 04.11.2025 nsd To 1.The Superintendent of Police, Thiruvallur District.

2.The Inspector of Police, T-5, Thiruverkadu Police Station, Avadi, Chennai.

3.The Public Prosecutor Madras High Court, Chennai - 600 104.

N.SATHISH KUMAR, J.

and M.JOTHIRAMAN, J.

nsd

04.11.2025