T.Chandrasekar v. The State Rep By The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN T.Chandrasekar S/o.M.N.Thiyagarajan, No.26/1/2, Konganagiri Cross 1st Street, Tiruppur North, Tiruppur District.

Petitioner(s) Vs 1.The State represented by the Commissioner of Police Tiruppur District.

2.The Inspector of Police Tiruppur North Police Station, Tiruppur City, Tiruppur District.

Respondent(s) Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's daughter viz. Nivetha, aged about 28 years and

petitioner's grandson viz. Sivesh, aged about 5 years, before this Court and set them at liberty.

For Petitioner(s):

Mr.Deepan Uday For Respondent(s): Mr.A.Damodaran Additional Public Prosecutor assisted by Ms.Arifa Thasneem

ORDER

(Made by N.Sathish Kumar, J.) This habeas corpus petition has been filed seeking to direct the second respondent to produce the petitioner's daughter viz. Nivetha, aged about 28 years and grandson viz. Sivesh, aged about 5 years, before this Court and set them at liberty.

2.

It is the case of the petitioner that his daughter Nivetha was married to one Dinesh and begot a male child Sivesh, however, due to some difference of opinion, she got divorced; thereafter, his daughter got remarried to one Jaishankar; while that being so, his daughter Nivetha went missing along with her child on 19.09.2025 and therefore, he has lodged a complaint before the second respondent/police, pursuant to which, an FIR was registered in Crime No.109 of 2025; since the police are not taking

effective steps to secure his daughter and grandson, he has preferred the present habeas corpus petition.

3.

On instructions, the learned Additional Public Prosecutor submitted that the petitioner's daughter got married twice and now she is residing in a hostel along with her son. He further submitted that the petitioner's daughter Nivetha has also appeared before the second respondent/police and gave statement. He has also produced a photocopy of the statement before this Court.

4.

According to the statement of Nivetha, there is some dispute between her and her father and therefore, she left the house along with her son on her own volition.

5.

Taking into consideration the fact that the petitioner's daughter is a major and she has voluntarily left the house along with her son, it cannot be stated that Nivetha and her son Sivesh are in the illegal custody of anyone for the issuance of a writ of habeas corpus. Hence, this habeas corpus petition stands closed.

(N.S.K., J.) (M.J.R., J.) 25-10-2025 Index:Yes/No Speaking/Non-speaking order nsd To 1.The Commissioner of Police Tiruppur District.

2.The Inspector of Police Tiruppur North Police Station, Tiruppur City, Tiruppur District.

N.SATHISH KUMAR, J.

and M.JOTHIRAMAN, J.

nsd

25.10.2025