Kumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Kumar ... Petitioner -vs1. The Commissioner of Police O/o. The Commissioner of Police Aringnar Anna Maaligai Tallakulam, Madurai.

2. The Assistant Commissioner of Police O/o. The Assistant Commissioner of Police Aringnar Anna Maaligai Tallakulam, Madurai.

3. The Inspector of Police S.S.Police Station, S.S Colony Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenue by name Geetha, W/o.Kumar, aged about 29 years before this Court and set her at liberty.

For Petitioner :

Mr.R.Manoharan 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 to produce the person or body of the detenue by name Geetha, W/o.Kumar, aged about 29 years before this Court and set her at liberty.

2. The petitioner got married the detenue/missing person and gave birth to two children. While being so, on 23.11.2025, the wife of the petitioner left the matrimonial home and thereafter she was found missing. Therefore the petitioner lodged a complaint before the third respondent and the same has been registered in Crime No.634 of 2025 under Women Missing. During investigation the third respondent secured the wife of the petitioner and produced her before this Court.

3. We enquired the detenue/missing person. She deposed that she got married the petitioner and gave birth to two children. Due to the torture given by the petitioner the detenue/wife of the petitioner left the matrimonial home and now she is residing in Chennai in her friend's house and she does not want to go back to her matrimonial house.

4. Therefore the wife of the petitioner is not under illegal detention of any body. Hence the Habeus Corpus Petition stands dismissed. However the petitioner is at liberty to approach the family Court for appropriate relief, if so, advised. [G.K.I., J.] [R.P., J.] 05.01.2026 NCC: Yes/No Index: Yes/No aav

To

1. The Commissioner of Police O/o. The Commissioner of Police Aringnar Anna Maaligai Tallakulam, Madurai.

2. The Assistant Commissioner of Police O/o. The Assistant Commissioner of Police Aringnar Anna Maaligai Tallakulam, Madurai.

3. The Inspector of Police S.S.Police Station, S.S Colony Madurai 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN , J.

and R.POORNIMA , J.

aav 05.01.2026