Naganathan v. The State Of Tamil Nadu

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 Naganathan ... Petitioner -vs1. The Superintendent of Police Ramanthapuram Ramanathapuram District

2. The Inspector of Police Paramakudi Town Police Station Paramakudi, Ramanathapuram District 3.Raghavan 4.Latha 5.Mukesh ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing respondents 1 and 2 to produce the person or body of the petitioner's daughter namely Divya Dharshini, D/o.Naganathan aged about 17 years who is under the illegal custody of the respondents 3 to 5 based on the petitioner's

complaint dated 18.11.2025 made in person to the second respondent and hand over custody.

For Petitioner :

Mr.B.Prahalad Ravi For Respondents :

Mr.R.M.Anbunithi No. 1 and 2 Additional Public Prosecutor

O R D E R

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.) This Habeus Corpus Petition has been filed to direct the respondents 1 and 2 to produce the person or body of the petitioner's daughter namely Divya Dharshini, D/o.Naganathan aged about 17 years who is under the illegal custody of the respondents 3 to 5 based on the petitioner's complaint dated 18.11.2025 made in person to the second respondent and hand over custody.

2. The petitioner is the father of the detenu, who is aged about 17 years. The detenu was missing from 18.11.2025 and as such the petitioner lodged complaint before the second respondent and the same

was registered in Crime No.342 of 2025 as 'Girl Missing'. During investigation it was found that the third respondent herein has kidnapped the minor victim girl on the pretext of marriage.

3. Now the minor victim girl was secured and produced before this Court.

4. We enquired the detenue. She submitted that on the pretext of marriage she left the home and now she want to go along with her parents. She also made several allegations as against the third respondent.

5. The learned Additional Public Prosecutor also submitted that the First Information Report in Crime No.342 of 2025 registered under ' Girl Missing' is altered to Sections 5 and 6 of POCSO Act.

6. Now the detenue has been handed over to the petitioner. In view of the same, the Habeus Corpus Petition stands closed. [G.K.I., J.] [R.P., J.] 10.12.2025 aav To

1. The Superintendent of Police Ramanthapuram Ramanathapuram District

2. The Inspector of Police Paramakudi Town Police Station Paramakudi, Ramanathapuram District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 10.12.2025