C.Shanmugam Pillai v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.Shanmugam Pillai ... Petitioner Vs
1. The State of Tamilnadu, Rep by the Superintendent of Police, Tirunelveli District.
2. The Inspector of Police, Kalakad Police Station, Kalakad, Tirunelveli District.
3. Alwyn Silvester ... Respondents PRAYER: 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 person or body of the detenu, i.e., the daughter of the petitioner namely Karpagaselvi D/o.C.Shanmugam Pillai aged about 30 years before this Court and set her at liberty.
For Petitioner :
Mr.N.Vignesh For Respondent :
Mr.A.Thiruvadi Kumar (R1-R2) Additional Public Prosecutor
O R D E R
[Order of the Court was made by C.V.KARTHIKEYAN, J.] The petitioner, a senior citizen aged about 60 years has filed this Habeas Corpus Petition complaining that his daughter aged about 30 years has been missing on and from 02.02.2023.
2.In this Connection, on 03.02.2023, the father of the detenu had lodged a complaint in which FIR in Crime No.44 of 2023 had been registered under the caption 'woman missing'. Thereafter, a petition in H.C.P(MD)No.499 of 2023 came to be filed by C.Maruthiraja. Though strenuous efforts were taken by the second respondent therein, the detenu was not able to be located. A Division Bench of this Court had closed the habeas corpus petition by an order dated 19.09.2023 issuing a direction to the second respondent therein/Inspector of Police, Kalakad Police Station at Tirunelveli District to expedite the investigation
in Crime No.44 of 2023 and to file a final report. Even in that petition and in this petition, the third respondent had been impleaded. The present habeas corpus petition thereafter has been filed by the father of the detenu again seeking a status report about the progress of the investigation and to produce his daughter before the Court.
3.Today, the respondent police have produced the missing daughter. She claimed that her first husband had filed a petition seeking dissolution of the marriage in Nanguneri Court and she understands that divorce had been granted. She further stated that she is voluntarily living with the third respondent at Salem and a child has also been born to them. She expressed her intention to reside only with the third respondent. The petitioner is also present and we also enquired with him. He understood the status of his daughter as on date and that he must accept the reality and take her into his fold. We fervently trust the relationship within the family would continue in a cordial manner and would not turn sour. 4.Since the detenu has been secured and has expressed her intention also to go along with her father and also with the third respondent and stated that she
realized that she should have informed her father about her whereabouts earlier, we would close this petition.
5.Accordingly, the Habeas Corpus Petition is closed. [C.V.K., J.] [R.V., J.] 10.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No LR To:
1. The State of Tamilnadu, Rep by the Superintendent of Police, Tirunelveli District.
2. The Inspector of Police, Kalakad Police Station, Kalakad, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
C.V.KARTHIKEYAN, J.
AND R.VIJAYAKUMAR, J.
LR 10.09.2025