J.Merlin Amutha v. The Commissioner of Police

ORDER (Order of the Court was made by Sunder Mohan J.) Read this in continuation of and in conjunction with the earlier order dated 08.07.2026, which reads as follows: "Mr.C.R.Malarvannan, learned Counsel for Government of Tamil Nadu (Criminal Side), who accepts notice for R1 and R2 has absolutely no progress to report. In fact, we find that since 30.04.2026 when the matter had come up first, not even one status report has been filed thus far.

¶2We are disappointed to hear from him that he has not received neither cooperation nor response from the authorities. As a result, he says he is unable to ascertain the measures taken to secure the detenu. The concerned authorities who are stated to be a part of the police team, are Mr.Tr.G.Jayachandran (Inspector of Police), Thiru. Jeganathan (Head Constable) and Thiru.Sankar (Police Constable). Let a copy of this order be circulated to R1 and higher authorities in order that they are aware of this order.

¶3Notice to R3 through Court as well as privately, returnable 22.07.2026. Proof of service be placed on file.

¶4List on 22.07.2026. Let an up-to-date status report be filed by then."

¶2The second respondent located the absentee at Gujarat and produced him today. We appreciate the efforts taken by the second respondent and his team, the Sub-Inspector of Police, Mr.R.M.Ajay Sharma and the Head Constable, Mr.Jaganathan, for securing the absentee.

¶3Mr.C.R.Malarvannan, the learned Counsel for the Government of Tamil Nadu for the respondents 1 and 2, on instructions, would submit that the absentee was not in an illegal detention and had married a person against the wishes of his mother and settled down in Gujarat. He also submitted that the absentee had already spoken to the petitioner. The petitioner is not present today.

¶4We are convinced that the absentee had voluntarily left the house and is not in illegal detention.

¶5Hence, this habeas corpus petition is closed. (A.S.M.,J.) (S.M.,J.) 22-07-2026 Index: Yes/No Speaking/Non-speaking order dk To

¶1The Commissioner of Police Coimbatore City.

¶2The Inspector of Police, C2 Race Course Police Station, Coimbatore - City.

¶3The Managing Director, HYPRO Tech, (Construction Solutions), Old No.3/18, New No.15, Dr.NRN Layout, P.N.Palayam, Coimbatore – 641 037.

¶4The Public Prosecutor, High Court of Madras.

DR.ANITA SUMANTH, J. AND

SUNDER MOHAN, J. dk HCP No. 838 of 2026 22-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN J.Merlin Amutha W/o. Joseph Jamarin Joy, No.4/48F5, Murasan Code, Neyyoor Post, Eraniel, Kanyakumari (District) – 629 802. ...Petitioner/Mother of the detenue Vs 1. The Commissioner of Police Coimbatore City. 2. The Inspector of Police, C2 Race Course Police Station, Coimbatore - City. 3. The Managing Director, HYPRO Tech, (Construction Solutions), Old No.3/18, New No.15, Dr.NRN Layout, P.N.Palayam, Coimbatore – 641 037. ...Respondents/ Respondents Prayer : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Habeas Corpus, to produce the petitioner son namely Ashak Shan S/o Joseph Jamarin Joy, aged about 25 years from the illegal custody of the 3rd respondent before this Court and set him at liberty. For Petitioner: Mr.K.Ravikumar For Respondents: Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Side) for R1 and R2 Mr.P.Narayana Prasadh for R3