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2026 Supreme(Online)(Mad) 5018

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Velmurugan, M. Jothiraman, JJ
Kishore Dhanji Patel – Appellant
Versus
The Commissioner of Police – Respondent
H.C.P.No.195 of 2026



Advocates:
For the Appellants/Petitioners: R. Lingesan
For the Respondents: A. Damodaran, M. Karthikeyan

A Habeas Corpus petition is not maintainable when the adult detenue has left of their own free will and there is no evidence of illegal detention.

Headnote:The petition was filed under Article 226 of the Constitution of India seeking a writ of habeas corpus for the production of the petitioner's adult daughter. It was submitted that the daughter, aged 31, had eloped with another individual and was residing in Uttar Pradesh of her own volition. The court noted that the petitioner had previously requested to drop further action after the daughter informed him of her voluntary departure. The primary issue was whether the detenue was being illegally detained. The court reasoned that since the adult detenue had left of her own free will and communicated this to the petitioner, there was no evidence of illegal confinement. this Habeas Corpus Petition stands closed.

ORDER

(Order of the Court was made by P.VELMURUGAN, J.)

This Habeas Corpus Petition has been filed seeking directions to the respondents to produce the petitioner’s daughter Ankitha aged about 31 years before this Court and set her at liberty.

2

Learned Additional Public Prosecutor would submit that the detenue, who is aged about 31 years was already married and subsequently eloped with one Abhishek and now staying at Uttar Pradesh. Further, based on the complaint given by the petitioner, CSR No.1103 of 2025 was issued, but subsequently, the petitioner himself sent a letter requesting to drop the further action stating that his daughter called and talked with him informing that she went along with one Abhishek on her own wish.

3

In view of the above submissions made by the learned Additional Public Prosecutor, it is clear that the detenue has not been illegally detained and hence this Habeas Corpus Petition stands closed.

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