P.Ammakutty v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.05.2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE P.VADAMALAI H.C.P.(MD)No.679 of 2026 P.Ammakutty .. Petitioner / mother of the detenu Vs.
1. The State of Tamilnadu, The Superintendent of Police, Tirunelveli City, Tirunelveli District.
2. State of Tamilnadu, Rep by Inspector of Police, Sengottai Police Station, Tenkasi District.
3. State of Tamilnadu Rep by Inspector of Police, Thalaiyuthu Police Station, Tirunelveli 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 petitioner's son P.Kanthan S/o. D.Pattan, aged 24 years, who is found missing since from 27.07.2025 before this Hon'ble Court.
For Petitioner : Mr. A.Sivasubramanian For Respondents : Mr.T.Lenin Kumar Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) This Habeas Corpus Petition has been filed seeking a direction to the respondents therein to produce the body/person of the petitioner's son, P. Kanthan, S/o. D. Pattan, aged about 24 years, who has been found missing since 27.07.2025, before this Hon'ble Court.
2. When the matter was taken up for hearing, Mr. T. Lenin Kumar, learned counsel appearing for the State of Tamil Nadu, submitted that the petitioner's son, P. Kanthan, is a habitual offender against whom 16 cases are pending in various police stations in the districts of Tirunelveli, Thoothukudi and Madurai. Hence, he has been absconding since 27.07.2025 and, therefore, a non-bailable warrant has been issued against him in Crime No.219 of 2025 by the Additional District Court No.II for PCR Cases, Tirunelveli.
3.Admittedly, a warrant has been issued against the petitioner's son and in order to evade arrest, he has been absconding since 27.07.2025. In this regard, a complaint was lodged only recently, on 11.05.2026. Therefore, this is not a case of illegal detention and it appears that the petitioner's son has been absconding only to evade arrest. Hence, this petition is not maintainable. However, taking into consideration the facts and circumstances of the case, the respondents are directed to continue the investigation in Crime No.298 of 2026 relating to the missing person, and if he is traced, he shall be produced before the appropriate Court.
4. This petition stands dismissed with the above directions. [A.D.J.C., J.] [P.V.M., J.] 27.05.2026 Index : Yes/No Internet : Yes/No : Yes/No PKN
To
1. The State of Tamilnadu, The Superintendent of Police, Tirunelveli City, Tirunelveli District.
2. State of Tamilnadu, Rep by Inspector of Police, Sengottai Police Station, Tenkasi District.
3. State of Tamilnadu Rep by Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.
A.D.JAGADISH CHANDIRA ,J.
AND P.VADAMALAI,J.
PKN H.C.P.(MD)No.679 of 2026 27.05.2026