Sathya v. The State of Tamilnadu

ORDER (Order of the Court was made by N. ANAND VENKATESH,J.) This petition has been filed for a direction to respondent Nos.1 and 2 to produce the body or person of the detenue, who is the daughter of the petitioner and to set her at liberty.

¶2Heard the learned counsel on either side.

¶3The case of the petitioner is that the detenue is the daughter and she was married to one Karunakaran. There is also a child through the marriage aged about 1 ½ years. The detenue went missing on 11.02.2026 and hence, a complaint was given before the Sathrakudi Police Station. On investigation, it was ascertained that the detenue was staying with the third respondent, who was residing in Veppankulam, The daughter was handed over to the petitioner on 13.02.2026.

¶4The further case of the petitioner is that on 06.03.2026, her daughter went out and thereafter, did not return back home and her whereabouts were not able to be ascertained. Hence, a complaint was given before the second respondent and based on the same, a woman missing FIR was registered in Crime No.124 of 2026. Since there was no progress in the investigation, the present petition has been filed.

¶5The learned Additional Public Prosecutor on instructions submitted that the detenue is now living with the third respondent.

¶6The learned counsel appearing for the petitioner submitted that the detenue has handed over the child aged about 1 ½ years to the petitioner and that the petitioner, being the grandmother, is in custody of the child.

¶7Taking into consideration the facts and circumstances of the case and considering the submissions made on either side, there shall be a direction to the second respondent to produce the detenue before the learned Judicial Magistrate No.II, Ramanathapuram. On the date of such production, the petitioner shall also be put on notice. The learned Magistrate shall record the statement of the detenue and proceed further in accordance with law.

¶8This Habeas Corpus Petition is disposed of in the above terms.

[N.A.V.,J.] [K.K.R.K.,J.]

02.04.2026 Index : Yes / No Internet : Yes / No TSG To

1.The Judicial Magistrate No.II, Ramanathapuram.

2.The Superintendent of Police, O/o. The Superintendent of Police, Ramanathapuram.

3.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram.

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

N. ANAND VENKATESH,J. AND K.K.RAMAKRISHNAN,J. TSG

H.C.P.(MD)No.430 of 2026

02.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.430 of 2026 Sathya ... Petitioner / Mother of the detenu Vs. 1. The State of Tamil Nadu, represented by its the Superintendent of Police, O/o. The Superintendent of Police, Ramanathapuram. 2.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram. 3.Thiru.Ragavan ..... Respondents Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents herein to produce the detenue, namely, Kamala w/o Karunakaran, aged about 22 years either in person or in body before this Court and set her at liberty. For Petitioner : Mr.S.Mukesh For R-1 and R-2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor