Muthaih 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 Muthaih ... Petitioner -vs1. The Commissioner of Police Madurai District, Madurai

2. The Inspector of Police Anna Nagar Police Station Madurai District ... 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 secure and produce the body or person of the detenue namely Kalai selvi, W/o.Muthaiah aged 32 years and produce her before this Court and set her at liberty.

For Petitioner :

Mr.K.Pavithra For Respondents :

Mr.R.M.Anbunithi 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 secure and produce the body or person of the detenue namely Kalai selvi, W/o.Muthaiah aged 32 years and produce her before this Court and set her at liberty.

2. The petitioner is the husband of the detenu. He got married the detenue and gave birth to two daughters and one son. While so, she left the matrimonial home on 24.10.2025 and did not return back the matrimonial home. Thereafter the petitioner lodged complaint and the same was registered in Crime No. 682 of 2025 by the second respondent under 'Woman Missing'.

3. Pending investigation the second respondent found the detenue and she was produced before this Court today.

4. We enquired the detenue. The detenue deposed before this Court that the petitioner used to consume alcohol and torture her, therefore she left the matrimonial home. Per contra the petitioner deposed before this Court that she left with some other person along with Rs.6 lakhs of his hard earned money, which was partly accepted by the detenue that she had left the matrimonial home along with Rs.2 lakhs.

5. Now the petitioner does not want to take the detenue back to her home. The petitioner had to decide on his own in respect of taking the detenue to his home.

6. Recording the same, the Habeus Corpus Petition stands closed. [G.K.I., J.] [R.P., J.] 10.12.2025 NCC: Yes/No Index: Yes/No aav

To

1. The Commissioner of Police Madurai District, Madurai

2. The Inspector of Police Anna Nagar Police Station Madurai 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