Moorthy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA G.Moorthy ... Petitioner/ Husband of the detenue -VsThe State of Tamil Nadu 1.The Superintendant of Police, Pudukkotai District.

2.The Inspector of Police, Annavasal Police Station, Pudukkottai 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 herein to produce the body or person of the petitioner, wife namely Neelambal, W/o.Moorthy, aged about 30 years before this Court and set her at liberty. 1/5

For Petitioner : Mr.S.Sathyachidambaram For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This Habeas Corpus Petition is filed for a direction to the respondents to produce the body or person of the petitioner, wife namely Neelambal, W/o.Moorthy, aged about 30 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 he got married to the missing person viz., Neelambal on 22.04.2013 and he got three children. The petitioner was working in abroad. While so, on 25.06.2025 the petitioner's wife took Rs.10,00,000/- and 15 sovereigns of gold and was found missing. The petitioner's mother had given a complaint before the second respondent police on 27.06.2025. 2/5

Based on which, a case in Crime No.148 of 2025 was registered under 'Woman Missing'. Since the respondents have not taken any steps to find out the whereabouts of the missing person, the present Habeas Corpus Petition is filed. 4.When the learned Additional Public Prosecutor appearing for the respondents submitted that based on the complaint given by the petitioner's mother, a case in Crime No.148 of 2025 was registered under 'Woman Missing'. Since the respondent police had not taken any steps, the petitioner has given a complaint to the Inspector General of Police, Central Zone Trichy.

While investigation is going on, the missing person has also sent a complaint by post to the Deputy Inspector General of Police as well as the Inspector of Police stating that since she was threatened by her husband for suspicion, she on her own volition had gone out of the house. She had also contacted the Inspector of Police through video call and informed that she is not under illegal detention. 5.The learned Additional Public Prosecutor would further submit that though the petitioner claims that the missing person has taken Rs.

complaint in Crime No.148 of 2025.

6.Recording the aforesaid submissions and we find that the missing person is not under illegal detention of anybody and hence, the Habeas Corpus Petition stands closed.

[A.D.J.C.,J.] & [R.P.,J.] 31.07.2025 NCC:Yes/No Index:Yes/No Ns To 1.The Superintendant of Police, Pudukkotai District.

2.The Inspector of Police, Annavasal Police Station, Pudukkottai District.

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

4/5

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA.,J .

Ns ORDER MADE IN 31.07.2025 5/5