C.M.Sathish Kumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2025 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN C.M.Sathish Kumar ... Petitioner -vs1. The Superintendent of Police, Krishnagiri District at Krishnagiri.

2. The Inspector of Police, Bargur All Women Police Station, Bargur Post, Krishnagiri District.

3. Anbalagan

4. Jothi ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 & 2 to produce the petitioner's wife Poornima and his minor son Sarmith, aged 5 years, S/o.C.M.Satish Kumar before this Court, who have been illegally detained by the respondents 3 & 4 and set them at liberty. For Petitioner : Mr.A.C.Kumaragurubaran For R1 & R2 : Mr.A.Gokulakrishnan Addl. Public Prosecutor *****

O R D E R

The petitioner seeks production of his wife and minor son, 1/4

namely, Poornima and Sarmith before this Court and set them at liberty.

2. According to the petitioner, his wife left the matrimonial home on 29.05.2025 on account of a family quarrel. Pursuant to the complaint given by him, a CSR has been issued to him. Despite the complaint, Police has not secured them, except issuance of CSR and the whereabouts of his wife and minor son are not known to him.

3. Learned Additional Public Prosecutor, on instructions, submitted that the wife of the petitioner has been residing in her parental house with her minor child due to family discord and she has also appeared before the respondent Police and gave a statement to that effect.

4. It is not in dispute that the detenue / wife of the petitioner has been staying in her parental home with her child owing to family dispute. Hence, we find that there is no illegal detention of the petitioner's wife and his minor son. Hence, this Habeas Corpus Petition is closed. It is open to the petitioner to work out his remedy before the appropriate forum in the manner known to law for restitution of conjugal rights. 2/4

(N.S.K,J.,) (M.J.R,J.,) 28.11.2025 Index: Yes / No Internet: Yes / No ar To:

1. The Superintendent of Police, Krishnagiri District at Krishnagiri.

2. The Inspector of Police, Bargur All Women Police Station, Bargur Post, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR, J.

AND M.JOTHIRAMAN, J.

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