Jahir Hussain v. The State of Tamilnadu, the Commissioner of Police,

ORDER (Order of the Court was made by

N. ANAND VENKATESH, J

.) This Habeas Corpus Petition has been filed by the father to produce the person or body of the detenu, who is his daughter and also two minor sons and set them 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 his daughter was married to one Mohammed Meeran Hussain on 14.09.2020 and they were blessed with two children. The petitioner's son-in-law is working in Malaysia and the petitioner's daughter came along with her two children and stayed with the petitioner. On 16.02.2026, the petitioner's daughter along with two minor children went to a nearby grossery shop but however did not return back home thereafter. Since the whereabouts were not known, a complaint was given by the petitioner on 25.02.2026.

¶4The grievance of the petitioner is that the respondent police has not acted upon the complaint and ascertain the whereabouts of the petitioner's daughter and the two minor children. Under these circumstances, the present petition has been filed before this Court.

¶5The learned Additional Public Prosecutor, on instructions, submitted that based on the complaint given by the petitioner, a women missing FIR has been registered by the second respondent in Crime No.125 of 2026 and that the investigation is pending.

¶6Taking into consideration the facts and circumstances of the case and the averments made in the affidavit filed in support of this petition and on considering the fact that the second respondent is already in the process of finding the whereabouts of the detenu and two minor children, there shall be a direction to the second respondent to produce the detenu and the two minor children before the learned Judicial Magistrate – II, Madurai. As and when they are presented before the learned Magistrate, the petitioner shall be put on notice. The learned Magistrate shall record the statement of the detenu and submit a report before this Court. Thereafter, further proceedings shall be carried out in accordance with law.

¶7This Habeas Corpus Petition stands disposed of in the above terms.

[N.A.V.,J.] [P.D.B.,J.]

10.03.2026 Index : Yes / No Internet : Yes / No PKN To

¶1The State of Tamil Nadu, The Commissioner of Police, Madurai Corporation, Madurai.

¶2The Inspector of Police, Thiruppalai Police Station, Thiruppalai, Madurai District.

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

N. ANAND VENKATESH,J. AND P.DHANABAL,J. PKN

H.C.P.(MD)No.286 of 2026

10.03.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH AND THE HON'BLE MR JUSTICE P.DHANABAL H.C.P.(MD)No.286 of 2026 Jahir Hussain ... Petitioner / Father and Grandfather of the detenu Vs. 1. The State of Tamil Nadu, The Commissioner of Police, Madurai Corporation, Madurai. 2. The Inspector of Police, Thiruppalai Police Station, Thiruppalai, Madurai District. ..... Respondents Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to issue a Writ of Habeas Corpus petition to produce the person or body of the detenue namely, Tajil Hussaina @ Rathanam, W/o.Mohammed Meeran Hussain and her two minor sons, namely, Agil Hussain S/o.Mohammed Meeran Hussain aged about 4 years (28.05.2022) and Sahil Hussain S/o.Mohammed Meeran Hussain aged about 2 ½ years and set them liberty to the petitioner. For Petitioner : Mr.R.Paranjothi For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor