S.Avudaiyatchi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.762 of 2025 S.Avudaiyatchi ... Petitioner/ Mother of the detenue -VsThe State of Tamil Nadu 1.The Superintendent of Police, O/o.The Superintendent of Police, Madurai District.
2.The Deputy Superintendent of Police, Peraiyur, Madurai District.
3.The Inspector of Police, Peraiyur Police Station, Madurai.
... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents herein to produce the person or body of the petitioner's daughter Tamilarasi female, D/o.K.Sekaran, aged about 27 years before this Court and set her at liberty.
For Petitioner : Mr.M.Shakulhameed For R1 to R3 : Mr.B.Nambi Selvan Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition has been filed by the petitioner seeking for a direction to direct the respondents herein to produce the person or body of the petitioner's daughter Tamilarasi, female, D/o.K.Sekaran, aged about 27 years before this Court and set her at liberty.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3.
3. The case of the petitioner is that on 22.06.2025 her daughter had gone to browsing centre to apply OBC Certificate, thereafter, she did not return back to home. After sometime, her daughter texted to her elder daughter and asking not to search her and thereafter, her mobile phone was switched off. Since the whereabouts of the detenue is not known, the petitioner had filed a complaint
before the third respondent. The third respondent had registered a case in Cr.No. 95/2025 on 22.06.2025 for 'woman missing'. Since no action has been taken, the petitioner has filed the present habeas corpus petition.
4. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that based on the complaint given by the petitioner, a case in Cr.No.95 of 2025 has been registered for 'woman missing'. During the course of investigation, it came to light that the missing person Tamilarasi was in love with one Praveenkumar, who is working in Software company at Chennai. Since the parents of Tamilarasi are against her wishes, she had on her own volition gone to Chennai on 22.06.2025 and that they have got married at Chennai on 23.06.2025. Their marriage has also been registered in the office of the Sub Registrar, Periyamedu.
Subsequently, the parents of the Praveenkumar had brought the missing person and produced her before the respondent police, wherein, she had given a statement that she had married the Praveenkumar. The same was also informed to the petitioner and the missing person expressed her unwillingness to go along with her parents. She is now staying in the One Stop Centre, Usilampatti, Madurai on her own volition. He would submit that it is not a case of illegal detention or kidnapping.
5. Recording the statement of the detenue we find that the missing girl is not under the illegal detention of anybody. Accordingly, this habeas corpus petition is closed.
[A.D.J.C., J.] & [R.P., J.] 02.07.2025 NCC:Yes/No Index:Yes/No am To 1.The Superintendent of Police, Madurai District.
2.The Deputy Superintendent of Police, Peraiyur, Madurai District.
3.The Inspector of Police, Peraiyur Police Station, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
am H.C.P(MD)No.762 of 2025 02.07.2025