Sathiyabama v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA HABEAS CORPUS PETITION(MD)No.957 of 2025 Sathiyabama ... Petitioner vs.

1. State of Tamil Nadu rep. by the Superintendent of Police, O/o. the District Superintendent of Police, Pudukkottai District.

2. The State of Tamil Nadu rep. by the Inspector of Police, Annavasal Police Station, Pudukkottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body or person of husband namely A.Moorthi (31 years) Son of Alagesan before this Court and set him at liberty.

For Petitioner : Mr.P.Pagalavan For Respondents : Mr.N.Nambiselvan Additional Public Prosecutor Page No.1 of 5

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed seeking a direction to the respondents herein to produce the body or person of petitioner's husband viz., A.Moorthi, Son of Alagesan, aged about 31 years before this Court and set him at liberty.

2. The petitioner got married to the missing person on 10.02.2025 and that the petitioner is four months pregnant, on 15.07.2025, the petitioner had gone to the Paramboor Primary Health Centre for a routine pregnancy check-up along with her husband, the missing person. At that time, her husband handed over the keys of their vehicle to the petitioner and informed her that he would return shortly and then, he left the premises and did not return. Based on the complaint lodged by the petitioner on the same day, the respondent police registered a case in Crime No.167 of 2025 for "man missing." However, the petitioner alleges that the respondents have not taken effective steps to trace the whereabouts of her husband, which led to the filing of this Habeas Corpus Petition.

3. The learned Additional Public Prosecutor appearing for the Page No.2 of 5

respondents submitted that, based on the petitioner's complaint, a case in Crime No.167 of 2025 was registered for "man missing." During the investigation, it came to light that the petitioner and her husband had visited the health centre for initial pregnancy-related check-ups, during which he was advised to undergo an HIV test. Out of fear, the petitioner's husband had gone away. He further submitted that the missing person had subsequently visited the bakery where he was employed, collected a sum of Rs.1,500/-, and then left. The investigation is going on and efforts are being made to trace the missing person.

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

5. Accordingly, the Habeas Corpus Petition is closed. [A.D.J.C., J.] [R.P., J.] 12.08.2025 Index : Yes / No : Yes / No trp Page No.3 of 5

To:

1. The Superintendent of Police, O/o. the District Superintendent of Police, Pudukkottai District.

2. The Inspector of Police, Annavasal Police Station, Pudukkottai District.

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

Page No.4 of 5

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

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