Sivakami v. The State of Tamilnadu

ORDER (Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Alleging that the daughter of the petitioner aged about 19 years is under the illegal detention of the fourth respondent and despite giving a complaint to the first respondent, no action having been taken till date the present petition has been filed by the petitioner.

¶2The learned Counsel appearing for the State of Tamil Nadu (Crl.Side) submitted that the petitioner is a police woman working in the railway police force. The detenue was in love with the fourth respondent and they thereby got married to one another. Since the petitioner gave a complaint before the third respondent on 21.06.2026, an enquiry was conducted and the same was eventually closed. While closure of the said complaint, the petitioner was instructed by the third Respondent not to threaten her daughter or her daughter's husband. On the other hand, during the said enquiry the alleged detenue expressed her unwillingness to speak with the petitioner. Subsequent to the closure of the first complaint, the petitioner had given a second complaint before the second respondent against the relatives of the fourth respondent and during the enquiry thereupon, it was revealed that alleged detenue had voluntarily married the fourth respondent and thereby the said enquiry was also closed. Thereafter, the petitioner once again gave a third complaint before the first respondent seeking for action in respect of the same. According to the learned counsel, the repeated complaints by the petitioner who is a police officer knowing very well that the alleged detenue is not under the illegal detention is nothing but horrendous and that therefore, her malicious attempt through this instant habeas corpus petition after failing in her malicious complaints is an abuse of the process of this Court.

¶3When the matter is taken up in the morning we directed the alleged detenue to be present before us through video conferencing. We enquired the detenue. She submitted that her mother is well aware that she got married to the fourth respondent out her volition and that she is not under any illegal detention by the fourth respondent.

¶4Recording the same, the Habeas Corpus Petition stands closed. However, the petitioner is stringently warned not to misuse the process of this Court and is further directed not to cause any disturbance whatsoever to the detenue or to the detenue's husband. [A.D.J.C., J.] & [R.P., J.]

13.07.2026 NCC : Yes / No Index : Yes / No aav To

1.The Superintendent of Police, Thanjavur District Thanjavur

¶2The Inspector of Police Thiruvidaimaruthur Police Station, Thanjavur, Thanjavur District

¶3The Inspector of Police Swamimalai Police Station, Thanjavur District

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. HCP(MD)oNO.o897oofo2026 oA.D.JAGADISHoCHANDIRAoo,oJo. AND oR.POORNIMAoo,ooJo. aav HCP(MD)oNoo897oofo2026

13.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA HCP(MD) No 897 of 2026 Sivakami ... Petitioner -Vs- 1.The Superintendent of Police, Thanjavur District Thanjavur 2. The Inspector of Police Thiruvidaimaruthur Police Station, Thanjavur, Thanjavur District 3. The Inspector of Police Swamimalai Police Station, Thanjavur District 4.Murugan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to produce the person or body of the petitioner's daughter minor detenue namely Shanthini, D/o. Sivakumar aged about 19 years before this Court from the illegal custody of the fourth respondent and set her at liberty. For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.D.Venkatesh Counsel for the State of Tamil Nadu(Crl.Side)