Thenmozhi v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2026

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN HCP No.2565 of 2025 Thenmozhi W/o Venkatesh No.33/86, Nainiappa Naicken Street Chennai 600 003 Petitioner Vs

1. The Commissioner of Police Greater Chennai Police, Vepery Chennai 600 007

2. The Inspector of Police C-1 Flower Bazaar Police Station Chennai 600 003 Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents police to produce the petitioner's husband viz., Venkatesh, aged about 57 years before this Hon'ble Court within a time frame as may be fixed by this Hon'ble Court. For Petitioner:

Mr.E.K.Amalnath For Respondents:

Mr.A.Damodaran Additional Public Prosecutor assisted by Mr.M.Karthikeyan

ORDER

(Order of the Court was made by P.Velmurugan J.) The petitioner has filed the present habeas corpus petition to direct the

respondents to trace out her husband, who is found missing from 16.03.2025.

2. The status report filed by the learned Additional Public Prosecutor reveals that pursuant to the complaint made on 19.04.2025, the second respondent has registered a case in Crime No.125 of 2025 and the respondents are taking earnest steps to trace out the missing man whose whereabouts are not known. However, they have stated that on 18.03.2025 and 25.03.2025, the missing man contacted the petitioner twice and thereafter switched off his cell phone. At present, the respondents are not able to trace out his whereabouts.

3. The contents of the First Information Report would reveal that frequently the missing man used to leave the house and thereafter voluntarily returned back to the house. In the same way, on 16.03.2025, he left the house and the petitioner thought that he would return back as usual. Since he did not come back as expected, the complaint was lodged on 19.04.2025 and the case was registered in Crime No.125 of 2025.

4. Since the case has already been registered and the respondents are not sure about the whereabouts of the missing man and it is not the case of the petitioner that her husband has been illegally detained by some named person in the known place, this Court feels that the present habeas corpus petition is not maintainable. Therefore, this habeas corpus petition is closed. However, the

respondents shall continue with the further investigation and file the charge sheet in the manner known to law within a period of two months. (P.VELMURUGAN J.) (M.JOTHIRAMAN J.) 02-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss To 1.The Commissioner of Police, Greater Chennai Police, Vepery, Chennai-600 007.

2.The Inspector of Police, C-1 Flower Bazaar Police Station, Chennai-600 003.

3. The Public Prosecutor High Court, Madras

P.VELMURUGAN J.

AND M.JOTHIRAMAN J.

ss 02-01-2026