Periyasamy @ Durai v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/11/2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR Periyasamy ... Petitioner/Husband of detenue Vs.
1. The Commissioner of Police, Tirunelveli City, Tirunelveli.
2.The Inspector of Police, Tiurnelveli Town Police Station, Tirunelveli.
... Respondents PRAYER : This petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenue namely Chitra wife of Periyasamy @ Durai aged 21 years before this Court and set her at liberty.
For Petitioner : Mr.J.Sivaram For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/5
ORDER
(Order of the court was made by C.V.KARTHIKEYAN., J.) This petition has been filed by the husband complaining that his wife Chithra whom he married on 20.11.2024 had been missing on an from 16.09.2025. He stated that at that time when she left, she wore 10 sovereigns of gold jewels and other ornaments and she was having a cell phone. In this connection, he had lodged a complaint on 06.11.2025 before the second respondent.
2. When the matter came up before us on 25.11.2025, the learned Additional Public Prosecutor made a mention stating that in view of the physical condition of the detenue, whom the respondent located, it would be advisable that she appears through video conferencing.
3. Accordingly, today, the detenue had been produced before us through video conferencing from the Legal Services Authority complex at Nagercoil. The Typist working in Principal District Court, Nagercoil was also present with the detenue.
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4. We enquired her name and identity and she stated that her name is Chithra and she also stated that she had married another individual by name Saravanan in a Temple on 15.08.2025 and she is now in the family way and that the father of the child in the womb is the said Saravanan.
5. The detenue gave her present address which is as follows: Chithra 20/25, W/o Saravanan, 1/12, Ayya Kannu Compound, Near Narayanasamy Kovil Street, Sasthakarai, Kolachal (P.O), Kanniyakumari District (Cell No.93638 77270)
6. When we enquired with the detenue that whether she will come back to the petitioner, she refused. We further enquired that whether she would permit the petitioner to come and see her and for that also she refused to permit him to come and visit her.
7. In view of the categorical statements made by the detenue, it is clear that she is not missing but is available at the aforementioned address.
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8. In view of the above, this Habeas Corpus Petition is closed. (C.V.K., J. ) (R.V., J) 27.11.2025 CM To,
1. The Commissioner of Police, Tirunelveli City, Tirunelveli.
2.The Inspector of Police, Tiurnelveli Town Police Station, Tirunelveli.
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C.V.KARTHIKEYAN., J and R.VIJAYAKUMAR., J.
CM HCP(MD) No.1330 of 2025 Date : 27/11/2025 5/5