Siva v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2026

CORAM

THE HON'BLE MR JUSTICE N.ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD) No.480 of 2026 Siva .. Petitioner /Husband of the detenu Vs.

1.The State of Tamilnadu, Rep by the Superintendent of Police, Virudhunagar District.

Virudhunagar.

2.The Inspector of Police, Keelarajakularaman Police Station, Keelarajagularaman, Virudhunagar District.

Crime No.89/2026.

3.Manikandan .. Respondents Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 and 2 to secure and produce the body or person of the detenue namely Muniswari, W/o.Siva, aged about 35 years, before this Court and set her at liberty.

For Petitioner : Mr.S.Prabha For Respondents : 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 for a direction to the first and second respondents to secure the person or body of the detenue, who is the wife of the petitioner and to set her at liberty.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2.

3. The case of the petitioner is that he married the detenue 14 years ago and they were blessed with two children. The petitioner's wife developed a relationship with the 3rd respondent and all of a sudden, she went missing from 14.03.2026. A complaint was given to the second respondent and based on the same, a woman missing FIR was registered in

Crime No.89 of 2026. Since no effective steps were taken by the second respondent to find the whereabouts of the detenue, the present petition has been filed before this Court.

4. The learned Additional Public Prosecutor, on instructions, submitted that the second respondent is in the process of ascertaining the whereabouts of the detenue.

5. Taking into consideration the facts and circumstances of this case and considering the submission made on either side, there shall be a direction to the second respondent to proceed further with the investigation in pending FIR in Crime No.89 of 2026 in line with the guidelines issued by this Court in K.Sukumari vs. The Superintendent of Police, Virudhunagar District, Virudhunagar and others, reported in [2018 (2) LW (Crl) 636].

6. This Habeas Corpus Petition is disposed of with the above direction.

(N.A.V.,J..) (K.K.R.K.,J.,) 15.04.2026 Index : Yes / No

Internet : Yes / No Indu To 1.The Superintendent of Police, Virudhunagar District.

Virudhunagar.

2.The Inspector of Police, Keelarajakularaman Police Station, Keelarajagularaman, Virudhunagar District.

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

N. ANAND VENKATESH,J.

AND K.K.RAMAKRISHNAN,J.

Indu H.C.P.(MD)No.480 of 2026 15.04.2026