R. Rajkumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.902 of 2025 R.Rajkumar .. Petitioner Vs
1. The State of Tamilnadu, Rep., by the Superintendent of Police, Kanniyakumari District, Nagercoil.
2. The State of Tamil Nadu, Represented by, The Sub Inspector of Police, Petchiparai Police Station, Kanniyakumari District.
... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondent Nos.1 & 2 to produce the person or body of the detenues namely, Babitha, wife of R.Rajkumar (Petitioner's wife), aged about 27 years and the petitioner's children, namely,
Minor R.B.Dhiyashith, son of R.Rajkumar, aged about 11 months old baby and Minor R.B.Yashith, son of R.Rajkumar, aged about 6 years, before this Court and set them at liberty.
For Petitioner : Mr.C.M.Mari Chelliah Prabhu For Respondents : Mr.B.Nambi Selvam Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This Habeas Corpus Petition has been filed to direct the respondents No. 1 & 2 to produce the person or body of the detenues namely, Babitha, wife of R.Rajkumar (Petitioner's wife), aged about 27 years and the petitioner's children, namely, Minor R.B.Dhiyashith, son of R.Rajkumar, aged about 11 months old baby and Minor R.B.Yashith, son of R.Rajkumar, aged about 6 years, before this Court and set them at liberty.
2. The case of the petitioner is that his wife along with her minor children went missing on 21.07.2025 while on their way back from Chennai. The petitioner had given a complaint to the respondents on 25.07.2025. Since the respondents have not taken any action, the petitioner has come before this Court
with this Habeas Corpus Petition.
3. The learned Additional Public Prosecutor would submit that based on the complaint given by the petitioner, initially enquiry was conducted in CSR.No. 113 of 2025 and later a case was registered in Crime No.23/2025 on 01.08.2025 for 'Women and Children missing'. During the course of investigation the missing person was traced at Kadikarakonam in Kanniyakumari District along with her children and she has been brought before this Court. We enquired the missing person. She submitted that on account of some misunderstanding with her husband, she had gone out of her home on her own volition along with a known person and that she has now joined her husband.
4. Now, the missing person is not in illegal detention and that she has expressed her willingness to go along with her husband. Hence, this Habeas Corpus Petition stands closed. No Costs.
[A.D.J.C., J.] & [R.P., J.] 21.08.2025 NCC:Yes/No Index:Yes/No NCC: Yes/No PJL
To
1. The Superintendent of Police, Kanniyakumari District, Nagercoil.
2. The Sub Inspector of Police, Petchiparai Police Station, Kanniyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
PJL H.C.P(MD)No.902 of 2025 21.08.2025