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Madras High CourtHCP/1883/2025closed

M.Kamatchi v. The Superintendent Of Police

2025-11-10Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN M.Kamatchi W/o.Murugan, Anna Nagar, New Colony, Konur Village, Villupuram Taluk and District.

Petitioner(s) Vs 1.The Superintendent of Police Villupuram District, Villupuram.

2.The Inspector of Police Kanai Police Station, Villupuram District.

3.Athithyan S/o. Kandasamy, Konur Village, Villupuram Taluk and District.

Respondent(s) Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the first and second

respondents to conduct investigation and produce the petitioner's daughter viz. Agalya, aged 16 years, D/o. Murugan, before this Court, from the illegal custody of the third respondent and handover to the petitioner. For Petitioner(s):

Mr.C.Munusamy For RR 1 and 2:

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 a direction to the first and second respondents to conduct investigation and produce the petitioner's daughter viz. Agalya, aged 16 years, D/o. Murugan, before this Court, from the illegal custody of the third respondent and handover to the petitioner.

2.

Today, the police produced the detenue Agalya, aged about 16 years before this Court. The detenue's mother is also present. 3.

It is the case of the petitioner that her daughter went missing

from 01.09.2025 and that she is in the illegal custody of the third respondent; in this regard, she has lodged a complaint before the second respondent/police on 02.09.2025, pursuant to which, a case in Crime No.165 of 2025 for 'girl missing' was registered; however, the police are not taking effective steps to secure her daughter and hence, she has preferred the present habeas corpus petition.

4.

On instructions, the learned Additional Public Prosecutor submitted that the detenue Agalya has eloped with the third respondent and the police have secured her and she is now ready to go with her parents. 5.

The detenue viz. Agalya, who is present before this Court, when enquired by us, stated that she has left the house and went to Tiruppur and now, she is willing to go back to her parents. The detenue's mother is also present before this Court and she stated that she is willing to take back the detenue.

Recording the same, this habeas corpus petition stands closed.

(N.S.K., J.) (M.J.R., J.) 10.11.2025 nsd To 1.The Superintendent of Police Villupuram District, Villupuram.

2.The Inspector of Police Kanai Police Station, Villupuram District.

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

N.SATHISH KUMAR, J.

and M.JOTHIRAMAN, J.

10.11.2025