Vanaja v. The State Of Tamilnadu, Rep. By Its, The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA HABEAS CORPUS PETITION(MD)No.955 of 2025 Vanaja ... Petitioner vs.

1. State of Tamil Nadu rep. by the Superintendent of Police, Kanyakumari District.

2. The Inspector of Police, Puthukadai Police Station, Puthukadai, Kanyakumari District.

(Crime No.145/2024) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 2nd respondent to produce the body or person of his husband namely Rejini Kumar, S/o. Anthonymuthu, aged about 46 years before thisi Court and set him at liberty. Page No.1 of 5

For Petitioner : Mr.P.F. Ferlin Castro For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The Habeas Corpus Petition has been filed seeking a direction to the second respondent to produce the body or person of the petitioner's husband, namely Rejini Kumar, S/o. Anthonymuthu, aged about 46 years, before this Court and to set him at liberty.

2. The case of the petitioner is that her husband had gone missing on 21.05.2024. She lodged a complaint before the respondent police, pursuant to which a case has been registered in Crime No. 145 of 2024 for the offence "man missing." Alleging that despite the registration of the First Information Report, the respondent police have not taken effective steps to trace the whereabouts of her husband, the petitioner has filed the present Habeas Corpus Petition.

3. The learned counsel appearing for the petitioner submits that the petitioner's husband had availed a housing loan in the name of the petitioner. As Page No.2 of 5

the loan could not be repaid, the property was sold in a public auction. Consequently, the petitioner has lost her residence and is presently residing with relatives.

4. The learned Additional Public Prosecutor appearing for the respondent submits that this is the second time of the petitioner's husband gone missing. Previously, in the year 2018, he was reported missing, and a case was registered in Crime No. 270 of 2019 on the file of the second respondent police. He was subsequently traced, and the case was closed. In the present instance, a case has been registered in Crime No. 145 of 2024 for "man missing." During the course of investigation, it has come to light that the petitioner's husband had availed a housing loan from a private bank and failed to repay it. He has also borrowed money from several other individuals. The investigation is going on and steps are being taken to trace his whereabouts.

5. Considering the above submissions, it is evident that the petitioner's husband is not in illegal detention by any person. The second respondent is directed to continue the investigation diligently. Further, the Assistant Superintendent of Police, Kanniyakumari District, is directed to monitor the investigation.

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6. Accordingly, the Habeas Corpus Petition is closed. [A.D.J.C., J.] [R.P., J.] 12.08.2025 Index : Yes / No : Yes / No trp To:

1.The Superintendent of Police, Kanyakumari District.

2. The Assistant Superintendent of Police, Kanniyakumari.

3. The Inspector of Police, Puthukadai Police Station, Puthukadai, Kanyakumari District.

4. The Additional Public Prosecutor, Madurai Bench of Madars High Court, Madurai.

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A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

trp ORDER MADE IN DATED : 12.08.2025 Page No.5 of 5