Sasikala v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.614 of 2025 Sasikala ... Petitioner/ Wife of Detenue -VsThe State of Tamil Nadu 1.The Superintendent of Police, Madurai.
2.The Deputy Superintendent of Police, Usilampatti, Madurai District.
3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.
... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of petitioner's husband namely Thavamani, Son of Andikalai, aged about 40 years from the illegal custody of the respondents before this Court.
For Petitioner : Mr.N.Balasubramanian For R1 to R3 : Mr.B.Nambi Selvan Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Alleging that the petitioner's husband is in illegal custody of the third respondent from 30.05.2025, the petitioner, who is the wife of the missing person, has preferred the present Habeas Corpus Petition. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.The learned counsel appearing for the petitioner submitted that the petitioner's husband was taken by the third respondent on 27.05.2025 at about 11.45 p.m and later, he was sent back home and once again on 30.05.2025, he had gone to the third respondent police station and that he did not return back and thereby the Habeas Corpus Petition is filed.
4.When the matter is taken up for hearing today, the alleged detenue Thavamani, S/o.Andikalai, is produced before this Court by the third respondent.
5.The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that one Sahana, had preferred a complaint before the Usilampatti Taluk Police Station stating that her mother Andichiammal @ Amutha, was missing from 18.04.2025. During the course of enquiry, the respondent came to light that the said woman had gone along with the petitioner's husband Thavamani and thereby, he was called for enquiry. The learned Additional Public Prosecutor would further submit that the said Sahana had also filed a Habeas Corpus Petition in HCP(MD)No.525 of 2025 before this Court and this Court, while disposing the said HCP, had directed the third respondent to complete the investigation at the earliest. Pursuant to which, the third respondent, had called the petitioner's husband for enquiry, had not detained him.
6.We enquired the alleged detenu viz., Thavamani, S/o.Andikalai, he submitted that other than calling for enquiry, the third respondent had not detained him. He further submitted that the said Andichiammal @ Amutha is his relative.
7.In view of the above, the husband of the petitioner is not under illegal detention of anybody. Hence, the Habeas Corpus Petition stands closed. [A.D.J.C., J.] & [R.P., J.] 05.06.2025 NCC:Yes/No Index:Yes/No Ns To 1.The Superintendent of Police, Madurai.
2.The Deputy Superintendent of Police, Usilampatti, Madurai District.
3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
Ns H.C.P(MD)No.614 of 2025 05.06.2025