Nandhakumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03/02/2026

CORAM:

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA Nandhakumar : Petitioner/Husband of the Detenue -vs1.State of Tamil Nadu Rep. By The Commissioner of Police, Trichy City, Trichy.

2.State of Tamil Nadu rep. By The Inspector of Police, Srirangam Police Station, Trichy City. : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to secure and produce the body or person of the detenue Kesavi, W/o.Nandhakumar, aged about 42 years before this Court, set her at liberty and pass such further or other orders. For Petitioner :

Mr.T.Lenin Kumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.K. ILANTHIRAIYAN,J.) This petition is filed seeking for a direction to the respondents 1 and 2 to secure and produce the body or person of the detenue Kesavi, W/o.Nandhakumar, before this Court and to set her at liberty.

2.The petitioner is the husband of the detenue by name Kesavi, They got married and gave birth to three childrens. While being so, the detenue was found missing from the matrimonial home. So, on 11/09/2025, the petitioner lodged a complaint before the second respondent police for which, he was also issued with a receipt in CSR No.217 of 2025.

3.On enquiry, the second respondent found the detenue who is working in Tirupur and produce before this Court. The detenue appeared before this Court and deposed that due to the torture at the hands of the petitioner, she left the matrimonial home. Initially, she went

to her parental home and at that time, the petitioner came there and beaten her and also tortured her. So, she lodged a complaint before the AWPS, Srirangam, Trichy District. The Investigating Officer, conduced enquiry and advised both the parties to live together in the matrimonial home. Therefore, without saying to anybody the detenue went to Tirupur and working there in a Garment Company. Further, she deposed that she does not want to go with the petitioner and she wants to go with her parents. Therefore, it is clear that the detenue is not in the illegal detention.

4.In view of that, this petition is dismissed. It is made clear that if any complaint is lodged by the detenue, the respondents are at liberty to take appropriate action as against the petitioner in accordance with law.

[G.K.I., J.] [R.P., J.] 03.02.2026 Index: Yes/No Internet: Yes/No er

G.K. ILANTHIRAIYAN,J.

AND R. POORNIMA,J.

er To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Srirangam Police Station, Trichy City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

s 03.02.2026