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Madras High CourtHCP(MD)/1297/2025closed

Vijaya v. The State Of Tamil Nadu, Rep. By The Superintendent Of Police,

2025-12-10Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10/12/2025

CORAM

THE HONOURABLE MR JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS JUSTICE R.POORNIMA Vijaya : Petitioner/Mother of the Detenue Vs.

1.The State of Tamil Nadu rep. by The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Inspector of Police, Gudalur North Police Station, Theni District.

3.Ramar 4.Sumithra 5.Vishnu : Respondents Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, directing the respondents 1 and 2 to produce the body or person and secure the petitioner's daughter and minor granddaughter namely detenue viz., Vimoshini, W/o.Sabapathi (aged about 25 years) and Srisavi, D/o.Sabapathi (aged about 5 years) before this Court and set them at liberty forthwith and pass such further or other orders. 1/4

For Petitioner : Mr.J.Yogeswaran For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

(Order of the Court was made by the Hon'ble G.K.ILANTHIRAIYAN.J.) The petitioner, who is the mother of the detenue, filed this petition to produce her daughter and minor grand-daughter namely Vimoshini, W/o.Sabapathi (aged about 25 years) and Srisavi, D/o.Sabapathi (aged about 5 years) before this Court and set them at liberty forthwith. 2.The petitioner is the mother of the detenue. The detenue got married and gave birth to a female child. While being so, the detenue eloped with the 5th respondent along with her minor daughter. Therefore, the husband of the detenue filed HCP(MD)No.481 of 2025. On the complaint, the 2nd respondent conducted investigation and found the detenue at Tirupur. Thereafter, the detenue and her minor daughter were produced before this Court and handed over to the husband of the detenue. Once again, the detenue eloped with the 5th respondent along with the minor daughter. This time, the mother of the detenue lodged a complaint namely the petitioner herein and the same was registered in 2/4

Crime No.355 of 2025 on the file of the 2nd respondent under 'Women and Girl Missing'. During the investigation, the detenue was found along with the minor daughter and produced before this Court today. The detenue deposed that she does not want to live with her husband and she is also willing to hand over the minor daughter to her mother, who is the petitioner herein.

3.Recording the same, the minor daughter of the detenue is now handed over to the petitioner, who is the grand-mother of the minor child, since the detenue does not want to go either with her husband or her mother namely the petitioner herein.

4.Accordingly, this Habeas Corpus Petition is closed. (G.K.I., J.) (R.P., J.) 10-12-2025 Index:Yes/No Internet:Yes/No er 3/4

G.K.ILANTHIRAIYAN,J and R.POORNIMA,J er To, 1.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Inspector of Police, Gudalur North Police Station, Theni District.

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

HCP (MD) No.1297 of 2025 10/12/2025 4/4