Angelin Monica v. The Superintendent Of Police

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.2416 of 2025 Angelin Monica .. Petitioner

Versus

1. The Superintendent of Police Thiruvallur District

2. The Inspector of Police Mannavalan Nagar Police Station Tiruvallur District (CSR.No.606/2025) 3.R.Stuart Allen 4.R.Enoneh Francklin .. 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 produce the petitioner's father namely D.Rajamanickam, Male, aged about 85 years, who is under the illegal custody of respondents 3 and 4 before this Court and set him at liberty.

For Petitioner :

Mr.K.Kavitha For Respondents :

Mr.A.Damodaran for R1 & R2

Additional Public Prosecutor assisted by M.Karthikeyan for R1 and R2

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 produce the petitioner's father namely D.Rajamanickam, Male, aged about 85 years, who is under the illegal custody of respondents 3 and 4 before this Court and set him at liberty.

2. The petitioner is the daughter of the deteneu seeks for production of his father, who is admittedly with his sons/respondents 3 and 4. Though the petitioner would contend that her father is illegally kept by the respondents, the learned Additional Public Prosecutor on instructions submitted that due to some property dispute, this petition is filed. He has also recorded the statement of the detenue and also shown the video, wherein, the detenue is residing with their sons. Therefore, we are of the view that cannot be termed as illegal custody. Merely, because the father and mother live with their sons, such custody cannot be held as to be illegal detention to invoke HCP jurisdiction.

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

1. The Superintendent of Police Thiruvallur District

2. The Inspector of Police Mannavalan Nagar Police Station Tiruvallur District 3.The Public Prosecutor Madras High Court.

N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., dhk H.C.P.No.2416 of 2025 20.11.2025