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Madras High CourtHCP(MD)/641/2026dismissed

Devi v. The State Of Tamilnadu Rep By

2026-05-13Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.05.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Devi ... Petitioner -vs1.The Superintendent of Police Madurai District, Madurai 2.The Inspector of Police M.Chatrapatti 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 body or person of the detenue, by name, Nandhakumar, son of Malayalam, aged 31 years, before this Court and set him at liberty. For Petitioner :

Mr.K.Anbuchelvam 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.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure her husband, namely, Nandhakumar, aged about 31 years, produce him before this Court and set him at liberty.

2. The petitioner herein is the wife of the detenu. The petitioner herein lodged a complaint before the respondent - Police alleging that her husband is found missing from 27.04.2026. On receipt of the said complaint, the respondent - Police registered a case in Crime No.56 of 2026 under Man Missing and it is pending for investigation. While pending investigation, the petitioner has filed this habeas corpus petition.

3. Learned Additional Public Prosecution appearing for the respondents, on instructions, submitted that the petitioner's husband eloped with one Veerammal and now, they are settled in Andhra Pradesh. Therefore, the petitioner is not in illegal detention of anybody.

4. In view of the above submission of the learned Additional Public Prosecutor, this Court is of the view that the detenu is not in illegal detention of anybody. Hence, this habeas corpus petition is not maintainable.

5. Accordingly, this habeas corpus petition is dismissed. However, the petitioner is at liberty to approach the Family Court for appropriate relief, if so advised.

[G.K.I., J.] [K.R.S., J.] 13.05.2026 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, M.Chatrapatti Police Station, Madurai District.

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

G.K.ILANTHIRAIYAN, J.

AND K.RAJASEKAR, J.

krk 13.05.2026