Velkumar v. The State of Tamilnadu

O R D E R [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] Alleging that his daughter Rupika, aged 32 years, is in illegal custody of the 4th respondent and also alleging that no action has been taken by the respondent/Police to secure her, the petitioner has come up before this Court with this petition.

¶2Learned counsel for the petitioner would submit that the petitioner's daughter namely, Rupika aged 32 years, went missing on

26.06.2026. Despite registration of a case in Crime No.374 of 2026 under the caption ''Woman Missing'' on the file of the 3rd respondent police station, no action has been taken till date and thereby the petitioner has approached this Court.

¶3When the matter is taken up for hearing today, the learned counsel for the State of Tamil Nadu (Criminal Side) would submit that Page No.2 of 6 based on the complaint given by the petitioner, a case in Crime No.374 of 2026 has been registered by the 3rd respondent under the caption ''Woman Missing''. He would further submit that during the investigation, it has come to light that the petitioner is the father of the detenue Rupika aged 32 years. She was earlier married to one Balraj and due to the misunderstanding between them, she was living alone. Later, she had developed intimacy with the 4th respondent and thereby she has been living with the 4th respondent for the past 10 months. While she was living with the 4th respondent, his brother had assaulted the detenue. In this regard, she has also given a complaint, based on which, a case in Crime No.376 of 2026 has been registered against the brother of the 4th respondent namely, Ramkumar, for the offences under Sections 329(4), 296(b), 115(2), 351(3) of BNS and Section 4 of TNPWH Act and that the said case is still pending investigation.

¶4Learned counsel for the State of Tamil Nadu (Criminal Side) further submitted that the alleged detenue was called for an enquiry by the police on 27.06.2026. During enquiry, the detenue has stated that while she was living with the 4th respondent, his brother Ramkumar had Page No.3 of 6 assaulted her and now she does not want to go along with either the petitioner or her husband and she wants to live alone. The petitioner who is well aware of the same, has still filed the present petition suppressing all the facts.

¶5Having heard the learned counsel on either side, we find that the custody of the detenue Rupika is not illegal and as of now she does not want to go along with the petitioner and she wants to live alone. The petitioner knowing fully well that the alleged detenue is not in illegal detention, has come up with this petition and thereby he has attempted to abuse the process of the Court.

¶6Hence, this Habeas Corpus Petition is dismissed with a cost of Rs.5,000/- [Rupees Five Thousand only] payable by the petitioner to Siddha Dispensary located inside the Madurai Bench of Madras High Court, within a period of two weeks from the date of receipt of a copy of this order. Page No.4 of 6

¶7Post after two weeks for reporting compliance. [A.D.J.C., J.] [R.P., J.]

15.07.2026 Index : Yes / No bala To:

¶1The Superintendent of Police, State of Tamilnadu, Tenkasi District, Tenkasi.

¶2The Deputy Superintendent of Police, Alangulam Sub Division, Tenkasi District.

¶3The Inspector of Police, Alangulam Police Station, Tenkasi District.

¶4The Counsel for State of Tamilnadu (Crl.Side), Madurai Bench of Madras High Court, Madurai.

Page No.5 of 6 HCP(MD)No.913oofo2026 A.D.JAGADISHoCHANDIRA,oJ. AND R.POORNIMA,oJ. bala ORDERoMADEoIN HCP(MD)No.913oofo2026 DATEDo:o15.07.2026 PageoNo.6oofo6

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2026 CORAM: THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA HABEAS CORPUS PETITION(MD)No.913 of 2026 Velkumar ... Petitioner vs. 1. The State of Tamilnadu, Rep by its The Superintendent of Police, Tenkasi District, Tenkasi. 2. The Deputy Superintendent of Police, Alangulam Sub Division, Tenkasi District. 3. The Inspector of Police, Alangulam Police Station, Tenkasi District. 4. Selvakumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenue, Rupika, aged 32 years, D/o.Velkumar, before this Hon'ble Court and set her to liberty. Page No.1 of 6 For Petitioner : Mr.A.C.Vinayagarajan For R1 to R3 : Mr.D.Venkatesh Counsel for State of Tamilnadu (Crl.Side)