Rosemary v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH AND THE HON'BLE MR JUSTICE P.DHANABAL Rosemary .. Petitioner / mother of the detenu Vs.

1.The Commissioner, Madurai City, Madurai.

2.The Inspector of Police, Anna Nagar Police Station, 3.The Warden, Girls Hostel, Aravind Eye Hospital, Anna Bus Stand, .. Respondents Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondent Nos.1 and 2 to rescue and produce the body or person of the petitioner's daughter, namely, Arul Abinaya, daughter of Arulraj, aged about 20 years, before this Court and set her at liberty.

1/5Page

For Petitioner : Mr.A.Joseph Jerry For R-1 & R-2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

(Order of the Court was made by N. ANAND VENKATESH,J.) This Habeas Corpus Petition has been filed by the mother of the detenue for a direction to respondent Nos.1 and 2 to produce the body or person of the detenue and to set her at liberty.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor appearing for respondent Nos.1 and 2 based on the written instructions submitted that the petitioner's daughter is aged about 21 years and that she got married to one Tamilmani. Based on a complaint given before the All Women Police Station, Namakkal, the same was taken on file in CSR.No.36 of 2026. Upon enquiry and on ascertaining the fact that the detenue was married and she was a major, the CSR was closed. Yet another complaint was made before the second respondent and the second respondent has also closed the CSR for the very same reasons cited supra.

2/5Page

3. In the light of the above development, there shall be a direction to the Inspector of Police, All Women Police Station, Namakkal, to produce the detenue before the learned Judicial Magistrate, Paramathi Velur. The learned Judicial Magistrate shall record the statement of the detenue and proceed further in accordance with law.

4. This Habeas Corpus Petition is disposed of in the above terms. (N.A.V.,J..) (P.D.B.,J.,) 04.03.2026 Index : Yes / No Internet : Yes / No TSG To 1.The Judicial Magistrate, Paramathi Velur.

2.The Commissioner, Madurai City, Madurai.

3.The Inspector of Police, Anna Nagar Police Station, 3/5Page

4.The Inspector of Police, All Women Police Station, Namakkal.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 4/5Page

N. ANAND VENKATESH,J.

AND P.DHANABAL,J.

TSG 04.03.2026 5/5Page