Kumaresan v. The State Of Tamilnadu Represented By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA HABEAS CORPUS PETITION(MD)No.811 of 2026 Kumaresan ... Petitioner vs.

1. The State of Tamilnadu represented by its The Superintendent of Police.

Ramanathapuram District.

Ramanathapuram.

2. The Inspector Of Police, Dhanushkodi Police Station, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to produce the body or person of the detenu namely Swami Pranavananda Maharaj aged 85 Years before this Honourable Court and set him at liberty.

For Petitioner : Mr.D.Mario Johnson For Respondents : Mr.D.Venkatesh Counsel for State of Tamilnadu (Crl.Side) Page No.1 of 4

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This petition is filed to issue a Writ of Habeas Corpus, to produce the body or person of the detenu namely Swami Pranavananda Maharaj aged 85 Years before this Honourable Court and set him at liberty.

2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the State.

3. From the facts this Court finds that this Habeas Corpus Petition is in respect of person who is simply missing and not under unlawful detention. Unlawful detention is sine qua non for issuance of Writ of Habeas Corpus.

4. The Division Bench of this Court in H.C.P.(MD) Nos.793 and 658 of 2025 has relied on the following orders:

a) Simmi Bai .vs. Shrimaan Police Mahanirishak Mahodaya and others (2025 SCC OnLine MP 893) b) H.C.P.No.2191 of 2017 (Kalaiarasi vs. State) dated 7.5.2018 c) K.Sukumari vs. The Superintendent of Police (Crl.O.P.(MD) No. 19255 of 2016 dated 18.9.2018) Page No.2 of 4

and has held that Habeas Corpus Petition in respect of missing person whose detention is not stated to be unlawful/illegal is not maintainable.

5. In view of the above, this Habeas Corpus Petition stands disposed of with a direction to respondents 1 and 2 to effectively pursue the investigation for tracing the missing person in the present case. Accordingly, the investigating officer shall continue the investigation and take all necessary steps to trace the missing person.

[A.D.J.C., J.] [R.P., J.] 30.06.2026 Index : Yes / No : Yes / No bala To:

1. The Superintendent of Police.

Ramanathapuram District.

Ramanathapuram.

2. The Inspector Of Police, Dhanushkodi Police Station, Ramanathapuram District.

3.The Counsel for State of Tamilnadu (Crl.Side) Madurai Bench of Madras High Court, Madurai.

Page No.3 of 4

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

bala ORDER MADE IN DATED : 30.06.2026 Page No.4 of 4