N.Shanmugavalli v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.530 of 2026 N.Shanmugavalli .. Petitioner / Wife of the detenu Vs.
1.The State of Tamil Nadu, represented by the Superintendent of Police, Office of the Superintendent of Police Office, Madurai.
2.The Inspector of Police, Y.Othakadai Police Station, Madurai District.
.. Respondents Prayer :Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu by name, Sheik Mohideen Sha, S/o Batcha, male, aged 58 years before this Court and set him at liberty.
For Petitioner : Mr.A.Subramanian For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
ORDER
(Order of the Court was made by N. ANAND VENKATESH,J.) This petition has been filed for the issue of writ of Habeas Corpus to direct the respondents to produce the body or person of the husband of the petitioner / detenu and to set him at liberty.
2. Heard the learned counsel on either side.
3. The case of the petitioner is that she married the detenu and they were living together. The detenu went missing and his whereabouts were not able to be ascertained. Hence, a complaint came to be given before the second respondent on 23.02.2026, based on which, a man missing FIR has been registered in Crime No.108 of 2026. The grievance of the petitioner is that no effective steps were taken by the respondents to ascertain the whereabouts of the detenu and it is under these circumstances, the present Habeas Corpus Petition has been filed before this Court.
4. The learned Additional Public Prosecutor submitted that all efforts have been taken by the second respondent to ascertain the whereabouts of
the detenu and that immediately after his whereabouts are ascertained, he will be produced before the learned Judicial Magistrate, Melur.
5. In the light of the above submission, there shall be a direction to the second respondent to follow the guidelines given by this Court in the case of K. Sukumari Vs. The Superintendent of Police, Virudhunagar District, Virudhunagar, reported in 2018(2) -L.W. (Crl) -636 and proceed with the case and find the whereabouts of the detenu as expeditiously as possible. Thereafter, the second respondent is further directed to produce the detenu before the learned Judicial Magistrate, Melur. On such production, the petitioner shall be put on notice. The learned Judicial Magistrate shall record the statement of the detenu and proceed further in accordance with law.
6. This Habeas Corpus Petition is disposed of in the above terms. (N.A.V.,J..) (K.K.R.K.,J.,) 24.04.2026 Index : Yes / No Internet : Yes / No TSG
To 1.The Judicial Magistrate, Melur.
2.The Superintendent of Police, Office of the Superintendent of Police Office, Madurai.
3.The Inspector of Police, Y.Othakadai Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
N. ANAND VENKATESH,J.
AND K.K.RAMAKRISHNAN,J.
TSG H.C.P.(MD)No.530 of 2026 24.04.2026