IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P. VELMURUGAN
S.MALARKODI – Appellant
Versus
The Superintendent of Police – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-01-2026 CORAM THE HONOURABLE MR JUSTICE P. VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN HCP No. 2185 of 2025 S.Malarkodi W/o. Sakthivel, No.78/93, Middle Street, Kattu Edaiyur Village, Rishivandiyam Taluk, Kallakuruchi District.
Petitioner(s)
Vs
1. The Superintendent of Police O/o Superintendent of Police, Kallakuruchi District.
2.The State rep by The Inspector of Police Rishivandiyam Police Station, Kallakuruchi District.
Crime No.210 of 2025.
3.Deena S/o. Saththappan, Devaradiyaarkuppam Village, Villupuram District.
Respondent(s)
PRAYER: This Habeas Corpus Petition is filed under Article 226 of Constitution of India for issuance of a writ of habeas Corpus, directing the respondents 1 and 2 herein to produce the petitioner's minor daughter namely Punitha, Daughter of Sakthivel, aged about 16 years from the illegal custody of the 3rd respondent before this Court and handover to the petitioner forthwith.
For Petitioner(s): M/s.G.Pavendhan For Respondent(s): Mr.A.Damodaran Additional Public Prosecutor Assisted by Mr.M.Karthikeyan Advocate ORDER (Order of the Court was made by P.Velmurugan J.)
This Habeas Corpus Petition has been filed seeking issuance of a Writ of Habeas Corpus directing the respondents to produce the petitioner’s minor daughter namely Punitha, aged about 16 years, before this Court and to hand over her custody to the petitioner, alleging illegal detention by the 3rd respondent.
2. The petitioner is the mother of the alleged detenue. It is stated that on
10.10.2025, the detenue left her residence at about 8.00 a.m. to attend school and did not return home thereafter. Despite efforts taken by the petitioner and her husband to trace the minor girl, she could not be found. A complaint was lodged before the 2nd respondent police, pursuant to which a case came to be registered in Crime No.210 of 2025 for the offence under Section 137(2) of the Bharatiya Nyaya Sanhita against the 3rd respondent. Alleging that no effective steps were taken to secure the minor child, the petitioner approached this Court by filing the present Habeas Corpus Petition.
3. When the matter came up for hearing on 19.01.2026, the alleged detenue was secured and produced before this Court. In order to ensure the welfare of the minor, particularly with regard to her education, the learned Additional Public Prosecutor was directed to obtain instructions from the school authorities.
4. Pursuant thereto, the Headmaster of the Government Girls Higher Secondary School, Rishivandiyam, issued a letter stating that the detenue has been permitted to continue her studies and that she has been attending school from 19.01.2026 onwards. It is further submitted that the detenue is presently residing with the petitioner, her mother, and that no illegal custody exists as on date.
5. In view of the above facts and circumstances, this Court is satisfied that the detenue has been secured and restored to the custody of the petitioner and that her education has also been resumed. No further orders are required in the present Habeas Corpus Petition.
6. Accordingly, the Habeas Corpus Petition stands closed.
(P.VELMURUGAN J.) (M.JOTHIRAMAN J.)
27-01-2026 r n s To
1. The Superintendent of Police O/o Superintendent of Police, Kallakuruchi District.
2.The Inspector of Police Rishivandiyam Police Station, Kallakuruchi District.
Crime No.210 of 2025. 3.The Public Prosecutor Madras High Court, Chennai.
P.VELMURUGAN J.
AND M.JOTHIRAMAN J.
r n s HCP No. 2185 of 2025
27-01-2026
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