Sheik Mohamed v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA Sheik Mohamed ... Petitioner/ Husband of the Detenue -vsThe State of Tamil Nadu Rep by, 1.The Superintendent of Police, The Office of Superintendent of Police, Trichy District.

2.The Inspector of Police, O/o.AWPS Sri Rangam Police Station, Trichy.

3.Abdul Sambath 4.Barjana ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents No.1 and 2 to produce the body or person of the petitioner's wife namely Mrs.Athila Banu, W/o.Sheik Mohamed,

aged about 23 years before this Court and set her at liberty. For Petitioner :

Mr.S.Sundarapandian For R1 & R2 :

Mr.B.Nambi Selvan Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Alleging that the petitioner's wife is being kept an illegal detention by the third and fourth respondents, who are the parents of the petitioner's wife, the present Habeas Corpus Petition is filed by the petitioner. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.The learned counsel appearing for the petitioner submitted that the petitioner got married to the missing person on 24.02.2025 without the consent of both the families and the detenu is pregnant and that in the guise of taking care by her parents as for purchasing fruits, the respondents 3 and 4 had taken her and kept in illegal detention. Therefore, the petitioner gave a complaint before the respondent police. Since the respondent police have not taking any steps to find

out the missing person, the present Habeas Corpus Petition is filed. 4.The learned Additional Public Prosecutor appearing for the respondent police submitted that based on the intimation given by the second respondent, the alleged detenu is produced before this Court. 5.Pursuant to which, the alleged detenu is produced before us. We enquired the detenu, she stated that she is not in illegal detention and she knows the petitioner and that since there was some misunderstanding between them, on her own volition she had left the petitioner.

6.In view of the aforesaid submissions, since the alleged detenu is not in illegal detention of anybody, this Habeas Corpus Petition stands closed. [A.D.J.C., J.] [R.P., J.] 23.07.2025 NCC : Yes / No Index : Yes / No

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA , J.

NS To:

1.The Superintendent of Police, The Office of Superintendent of Police, Trichy District.

2.The Inspector of Police, O/o.AWPS Sri Rangam Police Station, Trichy.

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

23.07.2025