P. Nagajiothi v. The State Of Tamilnadu, Rep. By The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA P.Nagajothi ... Petitioner/ Mother of the detenue -VsState of Tamil Nadu rep by 1.The Superintendant of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Elayangudi Police Station, Sivagangai District.
3.B.Palpaandi ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1st and 2nd to produce the person or body of the detenu namely Master Balaparabu aged about 3 years son of Mrs.P.Nagajothi, before this Court and handed over the custody of 1/4
the petitioner.
For Petitioner : Mr.M.Iniyavan For R1 and 2 : 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 1st and 2nd to produce the person or body of the detenu namely Master Balaparabu aged about 3 years son of Mrs.P.Nagajothi, before this Court and handed over the custody of the petitioner.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents submitted that the petitioner is the wife of the third respondent. He had earlier given a complaint that she went missing along with her minor son. Based on the complaint given by the third respondent in respect of missing of his wife, enquiry was conducted and on the 2/4
police station, she was advised go along with the husband. However, she refused to go along with the husband and went away handing over the child to the third respondent. Subsequently, she had given a complaint in 24.07.2025, stating that the third respondent had abused her and had attempted to assault her. Based on that, enquiry was conducted by Elayangudi police. During such time, the petitioner had informed that she will take steps to take custody of the child and by approaching the appropriate forum. Based on the submission of the petitioner, the petition has been closed. The third respondent, who is none other than the father of the child and that the petitioner had voluntarily handed over the custody of the child to him.
4.In view of the submissions made by the learned Additional Public Prosecutor, the Habeas Corpus Petition stands closed. [A.D.J.C.,J.] & [R.P.,J.] 04.08.2025 NCC:Yes/No Index:Yes/No Ns 3/4
A.D.JAGADISH CHANDIRA, J.
AND R.POORNIMA.,J .
Ns To 1.The Superintendant of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Elayangudi Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER MADE IN 04.08.2025 4/4