Sivalinagathurai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.1387 of 2024 Sivalingathurai ... Petitioner/ Father of the detenue -Vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The State rep. by The Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli 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 more particularly the second respondent to produce the body or person of the petitioner's daughter Kayalvizhi, S/oSivalingathurai, aged about 28 years to secure and produce her before this Court.

For Petitioner : Mr.S.Palanivelayutham For R1 to R3 : Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This Writ Petition is filed to direct the second respondent to produce the body or person of the petitioner's daughter Kayalvizhi, S/oSivalingathurai, aged about 28 years to secure and produce her before this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.On earlier occasion, two additional status report have been filed by the second respondent.

4.The learned Additional Public Prosecutor appearing for the respondents submitted that based on the complaint given by the petitioner, a case in Crime No.277 of 2024 was registered under "Woman Missing". During the course of investigation, it came to light that the daughter of the petitioner has been murdered for gain by Sivasamy and three others. Based on the materials, the case

has been altered to one under Sections 102(1), 309(4), 238(a), 3(5) of BNS and the accused persons have been arrested and remanded to judicial custody and the investigation is going on. Since the murder has been committed in the limits of Susinthiram Police Station, the decomposed body of the victim has been recovered and it has been sent for DNA analysis for further investigation. 5.Recording the submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition stands closed.

[A.D.J.C., J.] & [R.P., J.] 23.06.2025 NCC:Yes/No Index:Yes/No Ns To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The State rep. by The Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District.

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

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns H.C.P(MD)No.1387 of 2024 23.06.2025