K.Muthupriya v. The State of Tamilnadu, Rep by the Superintendent of Police

ORDER (Order of the Court was made by N.ANAND VENKATESH,J.) This Habeas Corpus Petition has been filed for a direction to the first and second respondents to produce the person or body of the detenue, who is the husband of the petitioner and to set him at liberty.

¶2Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and

2.

¶3The case of the petitioner is that she was married to the detenue and they have two children aged about 7 years and 6 years, respectively. The petitioner's husband developed a relationship with the 3rd respondent and all of a sudden, the petitioner's husband went missing from 27.03.2026. Since his whereabouts could not be ascertained, the petitioner gave a complaint before the second respondent, based on which a man missing FIR was registered in Crime No.75 of 2026. The present petition has been filed on the ground that the 3rd respondent is illegally detaining the petitioner's husband and since no effective steps were taken by the second respondent, a direction has been sought in the present petition.

¶4The learned Additional Public Prosecutor, on instructions, submitted that the petitioner's husband had an illicit relationship with the 3rd respondent earlier and after the FIR was registered, the second respondent, on investigation, found that the 3rd respondent is very much available and that the petitioner's husband was not found in the custody of the 3rd respondent.

¶5In view of the same, it is submitted that the second respondent is in the process of ascertaining the whereabouts of the detenue.

¶6Taking into consideration the facts and circumstances and the submissions made on either side, there shall be a direction to the second respondent to investigate the case pending in Crime No.75 of 2026 in line with the guidelines issued by this Court in K.Sukumari vs. The Superintendent of Police, Virudhunagar District, Virudhunagar and others, reported in [2018 (2) LW (Crl) 636].

¶7This Habeas Corpus Petition is disposed of with the above direction.

(N.A.V.,J..) (K.K.R.K.,J.,)

15.04.2026 Index : Yes / No Internet : Yes / No Indu To

1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Maraneri Police Station, Virudhunagar District.

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

N. ANAND VENKATESH,J. AND K.K.RAMAKRISHNAN,J.

Indu

H.C.P.(MD)No.477 of 2026

15.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2026 CORAM THE HON'BLE MR JUSTICE N.ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD) No.477 of 2026 K.Muthupriya .. Petitioner / Wife of the detenu Vs. 1.The State of Tamilnadu, Represented by the Superintendent of Police, Office of the Superintendent of Police, Virudhunagar, Virudhunagar District. 2.State of Tamilnadu, Represented by the Inspector of Police, Maraneri Police Station, Virudhunagar District. Crime No.75/2026. 3.Hema .. Respondents Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 to 2 to produce the person or body of the detenue namely G.Karthik Kumar, S/o.Ganasundaram, aged about 33 years before this Court and set him at liberty. For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor