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Madras High CourtHCP/2401/2025dismissed

V.Karthick v. The Commissioner Of Police,

2025-11-20Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.11.2025

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2401 of 2025 V.Karthick .. Petitioner

Versus

1. The Commissioner of Police Chennai Commissioner of Police Vepery

2. The Inspector of Police J-6, Thiruvanmiyur Police Station Thiruvanmiyur, Chennai - 41 3.Sundar 4.Eronimous .. Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus, directing the respondents 1 and 2 to rescue and produce the petitioner's close friend namely Mr.Surekha, wife of Mr.Eronimous aged about 30 years within the illegal custody of the respondents 3 and 4 before this Court and set her at liberty. For Petitioner :

Mr.M.Safrudeen Ali Ahamed For Respondents :

Mr.A.Damodaran for R1 & R2

Additional Public Prosecutor assisted by M.Karthikeyan Mr.K.R.Arun Shabari for R3 and R4

O R D E R

(Order of the Court was made by N.SATHISH KUMAR, J.) This petition has been filed directing the respondents 1 and 2 to rescue and produce the petitioner's close friend namely Mr.Surekha, wife of Mr.Eronimous aged about 30 years within the illegal custody of the respondents 3 and 4 before this Court and set her at liberty.

2. According to the petitioner, the detenue contacted him and informed that her husband and parents respondents 3 and 4 are harassing her. Hence, this petition.

3. The learned Additional on instructions submitted that the detenue is married to the fourth respondent and they are living as husband and wife, besides, they have begotten two children. The learned counsel for the respondents 3 and 4 submitted that the petitioner has filed this petition only to spoil the matrimonial life of the detenue and the husband.

4. Even on perusal of the affidavit filed in support of this petition would indicate that detenue is married to the fourth respondent and living in Trichy and two children are born to them. Such view of the matter, when the detenue and the fourth respondent are already married and they have begotten two children, filing this petition is nothing but abuse of process of law.

5. Accordingly, this Habeas Corpus Petition is dismissed. [N.S.K.,J.] [M.J.R.,J.] 20.11.2025 Index: Yes/No dhk To

1. The Commissioner of Police Chennai Commissioner of Police Vepery

2. The Inspector of Police J-6, Thiruvanmiyur Police Station Thiruvanmiyur, Chennai - 41

N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., dhk 3.The Public Prosecutor Madras High Court.

H.C.P.No.2401 of 2025 20.11.2025