M. Subbaiah v. The State Of Tamilnadu

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 M.Subbaiah ... Petitioner/ Father of the Detenu -Vs1.State of Tamil Nadu rep by the The Superintendant of Police, Thoothukudi District.

2.The Inspector of Police, Thalamuthu Nagar Town Police Station, Thoothukudi District.

3.Robbin ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the petitioner's daughter namely Kaleeswari, 1/5

D/o.Subbaiah, aged 19 years before this Court and set her at liberty by considering the petitioner's representation dated 22.07.2025. For Petitioner : Mr.V.Malaiyendran For R1 and R2 : Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The Habeas Corpus Petition is filed for a direction to the respondents 1 and 2 to produce the body or person of the petitioner's daughter namely Kaleeswari, D/o.Subbaiah, aged 19 years before this Court and set her at liberty by considering the petitioner's representation dated 22.07.2025. 2.The case of the petitioner is that his daughter viz., Kaleeswari, aged about 19 years, who was studying second year B.A(History), was found missing from 22.07.2025. The petitioner had given a complaint to the respondent police and they had given a receipt in CSR No.548 of 2025. However, the respondent police had not taken any steps to secure the missing person. While so, the petitioner came to know that the third respondent was keeping his daughter under illegal 2/5

custody and thereby, the present Habeas Corpus Petition is filed. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 4.When the mater is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents submitted that the petitioner's daughter Kaleeswari aged about 19 years, had fallen in love with the third respondent, who belongs to different community and since it was objected to by the petitioner, she had voluntarily gone out of the house and both of them have got married at Pilliyarkovil on 22.07.2025 and fearing the petitioner, the missing person had given a complaint. Based on the complaint, a case has been registered in Crime No.

564 of 2025 and an enquiry was conducted and during enquiry, the petitioner's daughter Kaleeswari and the third respondent appeared in person. She had submitted that she was in love with the third respondent and since it was objected to by the petitioner, she had gone out on her own volition and married the third respondent.

enquiry, the daughter of the petitioner had refused to go along with the petitioner and the petitioner is also aware of the same. 5.Recording the submission 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 To 1.State of Tamil Nadu rep by the The Superintendant of Police, Thoothukudi District.

2.The Inspector of Police, Thalaimuthu Nagar Town Police Station, Thoothukudi District.

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

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A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA.,J .

Ns ORDER MADE IN 04.08.2025 5/5