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CDJ 2026 MHC 4303 My Notes print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : H.C.P. (MD). No. 730 of 2026
Judges: THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH & THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
Parties : M. Rani Versus The State of Tamil Nadu, Rep. by the Commissioner of Police, Tirunelveli & Others
Appearing Advocates : For the Petitioner: J. Sivaram, Advocate. For the Respondents: D. Venkatesh, Counsel for the State of Tamil Nadu, (Criminal Side).
Date of Judgment : 12-06-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Petition filed under Article 226 of the Constitution of India. to issue a writ of Habeas Corpus, directing the first and second respondents to produce the body or person of the petitioner's daughter, the detenue, namely, Bhagavathi, w/o. Madasamy, aged about 39 years, who is under the illegal and hostile custody of the third respondent before this Court and set her at liberty.)

N. Anand Venkatesh, J.

1. The Inspector of Police, Palayamkottai Police Station, Tirunelveli District is suo motu impleaded as the fourth respondent in this writ petition.

2. Mr.D.Venkatesh, learned counsel for the State of Tamil Nadu (Criminal Side) takes notice for the impleaded fourth respondent.

3. This Habeas Corpus Petition has been filed for a direction to the first and second respondents to produce the body or person of the petitioner's daughter, who is said to be in the illegal custody of the third respondent and to set her at liberty.

4. Heard the learned counsel on either side.

5. When the matter was taken up for hearing today, the detenue was present before this Court. She stated that the third respondent had taken some photographs surreptitiously and by showing the same, the third respondent was threatening and coercing the detenue and as a result, he had extorted money and property from the detenue and is also forcing the detenue to go along with him.

6. It is seen that a complaint has already been given in this regard to the second respondent and the learned counsel for the State of Tamil Nadu (Criminal Side) on instructions submitted that the complaint has been forwarded to the impleaded fourth respondent.

7. Taking into consideration the statement made by the detenue before this Court and considering the seriousness of the issue involved, there shall be a direction to the impleaded fourth respondent to immediately register an FIR and proceed further with the investigation effectively in the manner known to law and complete the same as expeditiously as possible and if required, protection shall also be given to the parties concerned.

8. It is made clear that the earlier FIR registered in Crime No.280 of 2026 by the second respondent based on the complaint given by the husband has been closed and that will not in any way have any bearing on the FIR that is going to be registered by the impleaded fourth respondent. Independent investigation shall taken place in this case.

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