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Madras High CourtHCP(MD)/1369/2025disposed of

S. Pandiswari v. The State Of Tamil Nadu

2025-12-11Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 11.12.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MRS. JUSTICE N.MALA S.Pandiswari ..

Petitioner

Versus

1.The Superintendent of Police Sivagangai District.

2.The Deputy Superintendent of Police Deputy Superintendent of Police Office Karaikudi, Sivagangai District.

3.The Inspector of Police Alagappapuram Police Station Algappapuram, Karaikudi, Sivagangai.

4.K.Kaviyarasan ..

Respondents Petition filed under Section Article 226 of the Constitution of India for issuance of a writ of habeas corpus, directing the respondents 1 to 3 to

produce person or the body of the petitioner's daughter Ms.Nithyasri, aged about 19 years before this Court and set her at liberty. For Petitioner :

Mr.K.Saravanan For Respondent :

Mr.R.M.Anbunithi, APP

ORDER

[Order of the Court was made by G.K.ILANTHIRAIYAN, J.,] (1)This writ petition has been filed by the mother of the detenue, Nithyasri, aged about 19 years, to cause production of her daughter, who is alleged to be in the illegal detention at the hands of the 4th respondent, before this Court and to set her at liberty.

(2)Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice on behalf of the respondents 1 to 3.

(3)The detenue is none other than the daughter of the petitioner, who is aged about 21 years. She fell in love with the 4th respondent herein and eloped with him even as early as on 17.07.2025. The petitioner

immediately lodged a complaint before the Inspector of Police, Karaikudi North Police Station and on receipt of the said complaint, a case in Crime No.27/2025 came to be registered under ''woman missing''. During investigation, the Investigating Officer found that she eloped with the 4th respondent herein and thereafter, the detenue was secured and handed over to the petitioner. Subsequently, the FIR in Cr.No.27/2025 was closed. Once again, the daughter of the petitioner eloped with the 4th respondent on 06.09.2025 and the petitioner lodged a complaint before the 3rd respondent police and the same has been registered in Crime No. 87/2025 under ''woman missing''. During investigation, the 3rd respondent found that the detenue is aged about 21 years and eloped with the 4th respondent and their whereabouts are not known. (4)Admittedly, even according to the petitioner, her daughter, the detenue herein, has attained majority and she is aged about 21 years and the 4th respondent is also a major.

(5)In view of the above, it cannot be said that the detenue is under the illegal detention at the hands of the 4th respondent. (6)Hence, this Habeas Corpus petition is closed. However, the 3rd respondent police is directed to complete the investigation in Crime

No.87/2025 and file the Final Report within a period of twelve weeks from the date of receipt of a copy of this order. [GKIJ] [NMJ] 11.12.2025 AP Internet: Yes To 1.The Superintendent of Police Sivagangai District.

2.The Deputy Superintendent of Police Deputy Superintendent of Police Office Karaikudi, Sivagangai District.

3.The Inspector of Police Alagappapuram Police Station Algappapuram, Karaikudi, Sivagangai.

4.The Public Prosecutor Madurai Bench of Madras High Court Madurai.

G.K.ILANTHIRAIYAN, J., AND N.MALA, J., AP 11.12.2025