M.Shamshad Banu v. The Commissioner of Police

ORDER (Made by Dr. ANITA SUMANTH, J.) This habeas corpus petition has been filed by the mother of one M.Kairunisha (detenue). The petitioner apprehends that the detenue has been kept in detention by R3 as the detenue is missing since 21.02.2026. A case was registered in FIR No. 33 of 2026 and this petition has been filed thereafter as the petitioner apprehends that needful had not being done by the authorities.

¶2When the matter had come for admission on 01.04.2026, both the detenue and R3 appeared before us and confirmed that they were in a relationship, and had been married in Tiruchendur Temple.

¶3We had directed the parties to appear before the Court on

15.04.2026 at 12.00 noon despite which, the police in their over anxiety, have produced them before this Court today. On a mention made by learned Additional Public Prosecutor, we have taken up the matter at

12.00 noon.

¶4We have conversed with the detenue, who says that her date of birth is 12.05.2006. She is, as on date, 19 years and 11 months. She is categoric that there is no illegal detention by R3 or by any other party and also reiterates that they have married in Tiruchendur Temple. The detenue and R3 have presently set up their matrimonial house in the family home of R3. Recording the aforesaid and since we are clear that there is no illegal detention involved in the matter, we close this habeas corpus petition.

¶5We record our displeasure in the authorities having interfered in the privacy of the parties and enforcing their attendance today notwithstanding the specific order of the Court on 01.04.2026, directing them to appear on 15.04.2026 at 12.00 noon. In a case where the parties are compliant and there is a specific direction listing the matter on a particular date and time, such action of the authorities would not only violate the rights of the parties but also amounts to interference with the Roster of the Court.

¶6There shall be no order as to costs. [A.S.M, J.] [S.M, J.]

10.04.2026 Index:Yes/No ssm To

1.The Commissioner of Police, Greater Chennai, No.132, EVK Sampath Road, Vepery, Chennai – 600 007.

2.The Inspector of Police, S-1, St.Thomas Mount Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras DR. ANITA SUMANTH,J. and SUNDER MOHAN,J. ssm

10.04.2026

2026:MHC:1441 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.04.2026 CORAM : THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE SUNDER MOHAN M.Shamshad Banu, F/46 W/o. Mahaboob Sheriff, N0.59 MKN Road, Alandur, Chennai – 16. .. Petitioner vs 1.The Commissioner of Police, Greater Chennai, No.132, EVK Sampath Road, Vepery, Chennai – 600 007. 2.The Inspector of Police, S-1, St.Thomas Mount Police Station, Chennai. 3.A.Anand S/o. Appanasamy, No.41/8, 2nd Street, (Opp. Thevar Silai), Near New Bus Stand, Tuticorin. .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus calling for the records of the 2nd respondent / police in Crime No. / FIR No. 33 of 2026 dated 21.02.2026 and direct 1st and 2nd respondents / police, to produce the petitioner's daughter M.Kairunisha, aged 19 years, from the illegal custody of the 3rd respondent, before this Court and set her at liberty. For Petitioner : Mr.P.K.Rajesh Praveen Kumar For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.N.Narkeeran for R1, R2