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Madras High CourtHCP(MD)/953/2025closed

Indira Madhavan v. The State Of Tamilnadu

2025-08-08Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA Indira Madhavan ... Petitioner/ Mother of the detenue -Vs1.The Commissioner of Police, Tiruchirappalli, Tiruchirappalli District.

2.The Superintendant of Police, Thanjavur, Thanjavur 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 1 and 2 herein to produce the body or person of the detenu by name M.Karthi @ Karthikeyan, 1/5

S/o.Madhavan, aged about 43 years and produce him before this Court and set him at liberty.

For Petitioner : Mr.R.L.Dhilipan Pandian for Mr.K.Vijayan 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 1 and 2 to produce the body or person of the detenu by name M.Karthi @ Karthikeyan, S/o.Madhavan, aged about 43 years and produce him before this Court and set him at liberty.

2.The case of the petitioner is that her son viz., M.Karthi @ Karthikeyan, S/o.Madhavan was taken by some unknown persons in a TATA Indica Car bearing Registration No.TN-07-AH-0556. The petitioner had searched for his son in various place and he was unable to trace him. Thereby, the petitioner sent a representation dated 06.08.2025 to the respondents. Since no action has been 2/5

taken by the respondents to find out the missing person, the present Habeas Corpus Petition is filed.

3.The learned Additional Public Prosecutor appearing for the respondents submitted that the petitioner's son is an accused and facing trial in S.C.No.189 of 2025 on the file of the Additional District Judge, (FTC), Kumbakonam. The trial Court had issued NBW against the petitioner's son. Pursuant to which, the petitioner's son had approached this Court and filed a petition in Crl.O.P(MD)No. 12652 of 2025 for anticipatory bail. This Court had directed the petitioner's son to surrender before the Additional District Judge, (FTC), Kumbakonam, Thanjavur District, within a period of one week and file a petition under Section 70(2) of the Cr.P.C, (72(2) of BNSS) to recall the Non-bailable Warrant issued against him and thereby the respondent police had taken the petitioner's son for enquiry and finding that the petitioner's son had obtained anticipatory bail and he has been sent along with his wife to comply with the direction of this Court. He further submitted that the petitioner's son is not under illegal detention of anybody. 3/5

4.Recording the submission made by the learned Additional Public Prosecutor, this Habeas Corpus Petition stands closed. [A.D.J.C.,J.] & [R.P.,J.] 08.08.2025 NCC:Yes/No Index:Yes/No Ns To 1.The Commissioner of Police, Tiruchirappalli, Tiruchirappalli District.

2.The Superintendant of Police, Thanjavur, Thanjavur 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 08.08.2025 5/5