Vijay v. The State of Tamilnadu

O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This petition is filed to issue a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the person or body of the detenue namely Muneeswari, D/o.Palani, aged about 23 years, before this Court and set her at liberty.

¶2Learned counsel for the petitioner would submit that the petitioner's sister namely, Muneeswari went missing on 23.06.2026. Despite registration of a case in Crime No.150 of 2026 under the caption ''Woman Missing'' on the file of the 2nd respondent police station, no action has been taken till date and thereby, the petitioner has approached this Court.

¶3Learned counsel for State of Tamilnadu (Crl.Side) would submit that based on the complaint of the petitioner, though a case in Crime No.150 of 2026 was registered, during the investigation it has come to light that the alleged detenue had voluntarily, on her own, owing to not liking her marriage with one Gopikannan, went along with the 3rd respondent. Therefore, it is not a case of illegal detention. He would further submit that the investigation is going on. Page No.2 of 5

¶4Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the State of Tamil Nadu (Crl.Side).

¶5From the facts this Court finds that this Habeas Corpus Petition is in respect of a person who is simply missing and not under any unlawful detention. Unlawful detention is a sine qua non for the issuance of a Writ of Habeas Corpus.

¶6The Division Bench of this Court in H.C.P.(MD) Nos.793 and 658 of 2025 has relied on the following orders: a) Simmi Bai .vs. Shrimaan Police Mahanirishak Mahodaya and others (2025 SCC OnLine MP 893) b) Kalaiarasi vs. State (H.C.P.No.2191 of 2017 decided on 7.5.2018) c) K.Sukumari vs. The Superintendent of Police (Crl.O.P.

(MD) No.19255 of 2016 decided on 18.9.2018) and has held that a Habeas Corpus Petition in respect of a missing person whose detention is not stated to be unlawful/illegal is not maintainable. Page No.3 of 5

¶7In view of the above, this Habeas Corpus Petition stands disposed of with a direction to respondents to effectively pursue the investigation for tracing the missing person in the present case. Accordingly, the investigating officer shall continue the investigation and take all necessary steps to trace the missing person.

[A.D.J.C., J.] [R.P., J.]

13.07.2026 Index : Yes / No : Yes / No bala To:

¶1The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

¶2The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

¶3The Counsel for State of Tamilnadu (Crl.Side), Madurai Bench of Madras High Court, Madurai.

Page No.4 of 5 HCP(MD)No.888oofo2026 A.D.JAGADISHoCHANDIRA,oJ. AND R.POORNIMA,oJ. bala ORDERoMADEoIN HCP(MD)No.888oofo2026 DATEDo:o13.07.2026 PageoNo.5oofo5

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 HABEAS CORPUS PETITION(MD)No.888 of 2026 Vijay ... Petitioner vs. 1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2. The Inspector of Police, Kamuthi Police Station, Ramanathapuram District. 3. Murugan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenu namely Muneeswari, D/o.Palani, aged about 23 years, before this Court and set her at liberty. For Petitioner : Mr.R.Pon Karthikeyan For R1 & R2 : Mr.D.Venkatesh Counsel for State of Tamilnadu (Crl.Side) Page No.1 of 5