Vasantha v. The State of Tamilnadu

ORDER (Order of the Court was made by N.ANAND VENKATESH,J.) This Habeas Corpus Petition has been filed for a direction to the first and second respondents to produce the person or body of the petitioner's daughter and set her at liberty.

¶2Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

¶3The case of the petitioner is that the first marriage of her daughter went into rough weather and hence she married one Ratheesh during the year 2025. He was working in the Army. He returned back to duty on

29.01.2026. At that point of time, the detenue and her two children were staying in a house, which was near to the residence of the petitioner. The further case of the petitioner is that on 03.03.2026, the detenue took her two sons in a two-wheeler and left them in the house of the first husband at Kollencode and thereafter, she went missing. A complaint was given in this regard to the second respondent and since no action has been taken, the present petition has been filed before this Court.

¶4The learned Additional Public Prosecutor, on instructions, submitted that based on the complaint, a ''woman missing FIR'' was registered in Crime No.136 of 2026 on 18.03.2026 and steps are being taken by the second respondent to find the whereabouts of the detenue.

¶5Taking into consideration the materials placed before this Court and the submissions made on either side, there shall be a direction to the second respondent to find the whereabouts of the detenue and produce her before the learned Judicial Magistrate No.1, Kuzhithalai. The petitioner shall be put on notice when the detenue is produced before the learned Magistrate. The learned Magistrate shall record the statement of the detenue and proceed further in accordance with law.

¶6This Habeas Corpus Petition is disposed of in the above terms.

(N.A.V.,J..) (K.K.R.K.,J.,)

22.04.2026 Index : Yes / No Internet : Yes / No Indu To

1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

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

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

Indu

H.C.P.(MD)No.518 of 2026

22.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2026 CORAM THE HON'BLE MR JUSTICE N.ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD) No.518 of 2026 Vasantha .. Petitioner Vs. 1.The State of Tamilnadu, Represented by the Superintendent of Police, Nagercoil, Kanyakumari District. 2.The Inspector of Police, Marthandam Police Station, Kanyakumari District. .. Respondents Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the person or body of the petitioner's daughter namely Vibisha, W/o.Ratheesh, aged about 31 years old before this Court and set him at liberty. For Petitioner : Mr.M.Dhinesh Kumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor