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Madras High CourtHCP(MD)/846/2025closed

Arockiyaraj v. The State Of Tamilnadu

2025-07-22Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA Arockiyaraj ... Petitioner/ Husband of the detenue -Vs1.The Superintendant of Police, Office of the Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Seevalaperi Police Station, Tirunelveli 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 secure or produce the body or person of the detenue namely, Durgaiyaamal W/O Arockiyaraj, aged about 29 years, before this Court and set her at liberty. For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor 1/5

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This Writ Petition is filed to direct the respondents to secure or produce the body or person of the detenue namely, Durgaiyaamal W/O Arockiyaraj, aged about 29 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. 3.The case of the petitioner is that the petitioner is working as a bricklayer in his locality and his wife/detenue namely, Durgaiyaamal, was working in a plastic company at SIPCOT, Gangaikonan. The wife of the petitioner used to go to work along with one Muthulakshmi. All of a sudden, on 08.06.2025, at 07.00 a.m, both of them went missing. Hence, the petitioner has given a complaint. Based on the complaint given by the petitioner, the respondent police registered a case in Crime No.320 of 2025, under the caption of Women Missing on 09.06.2025. Since no action has been taken, the present Habeas Corpus Petition is filed.

2/5

4.The learned Additional Public Prosecutor, on instructions, would submit that during the course of the investigation, it came to light that the petitioner's wife had eloped with one Tabbukumar and she got married to him and they are living in Bihar. She has also written a letter to the second respondent wherein, she had stated that she had gone along with the said Tabbukumar on her own volition and got married with him and settled in Bihar. Hence, there is no illegal detention by anybody.

5.Recording the aforesaid submission, this Habeas Corpus Petition stands closed. The respondent police shall continue with the investigation in Crime No. 320 of 2025.

[A.D.J.C.,J.] & [R.P.,J.] 22.07.2025 NCC:Yes/No Index:Yes/No vsg 3/5

To 1.The Superintendant of Police, Office of the Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA.,J .

vsg ORDER MADE IN 22.07.2025 5/5