S.Saraswathi v. The Deputy Commissioner of Police

Order (Order of the Court was made by Dr.Anita Sumanth J.) The wife of one Shanmugam, S/o Muthal is before this Court seeking Writ of Habeas Corpus for producing the detenu.

¶2We have heard Ms.S.Kalpika, learned counsel appearing for M/s.Arulselvam Associates and Mr.C.R.Malarvannan, learned counsel for Government of Tamil Nadu (Criminal Side).

¶3We are of the considered view that on the facts of the case as put forth by the petitioner, this HCP is not maintainable. The petitioner and the detenu have been married 11 years ago and have two children who are school going. According to the petitioner, the detenu is an electrician. Since he consumes alcohol regularly, that has been a bone of contention between the two, and hence, there were frequent quarrels and disputes.

¶4On 13.04.2026, it is the case of the petitioner that when she advised her husband not to consume alcohol any further, he was angry, left the house and did not return thereafter. He has not been found, despite a search, paving the way for a complaint filed on 14.04.2026 on the basis of which a case has been registered in Cr.No.90 of 2026 for man missing. Page3 of 4

¶5According to Mr.Malarvannan, investigation is on-going, enquiries have been conducted, the family has been interacted with and the police are putting all efforts required to locate the detenu.

¶6Though there is an incidental reference to an apprehension that the detenu may be under illegal detention or wrongful confinement, we find no basis for the same on the facts of the case. On enquiry with the learned counsel for the petitioner as well, we do not find any material to substantiate that apprehension.

¶7Hence, we close this HCP as not maintainable recording the submission of Mr.Malarvannan that efforts will continue in usual course to locate the detenu, keeping the family informed at all times. (A.S.M.,J.) (S.M.,J.) 23-07-2026 Index: Yes/No Speaking/Non-speaking order SL To

¶1The Deputy Commissioner of Police Tambaram West, Tambaram Police Quarters, New Market Area, Chennai.

¶2The Inspector Of Police T11, Somangalam Police Station, Chennai.

¶3The Public Prosecutor, High Court, Madras. HCPoNo.o923oofo2026 DR.ANITAoSUMANTHoJ. AND SUNDERoMOHANoJ. SL HCPoNo.o923oofo2026 23-07-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN S.Saraswathi W/o Shanmugam, No.1/153, Periyar Street, Ramji Nagar, Naduveerpattu, Sriperumbudur Taluk, Kancheepuram. ..Petitioner(s) Vs 1. The Deputy Commissioner of Police Tambaram West, Tambaram Police Quarters, New Market Area, Chennai. 2. The Inspector Of Police T11, Somangalam Police Station, Chennai. ..Respondent(s) PETITION filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus directing the respondents herein to produce the petitioners husband namely shanmugam, son of Muthal, aged about 40 years, before this Honourable Court and set him at liberty. For Petitioner(s): Ms. S. Kalpika for M/S Arulselvam Associates For Respondent(s): Mr.C.R.Malarvannan Counsel for Government of Tamil Nadu (Criminal Page2 of 4 Side)