SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 19082

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, P.DHANABAL, JJ
Rosemary – Appellant
Versus
The Commissioner, Madurai City, Madurai – Respondent
H.C.P.(MD)No.250 of 2026



Advocates:
For the Appellants/Petitioners: Mr.A.Joseph Jerry
For the Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

Habeas corpus petitions must consider the age and marital status of the detainee, impacting the legality of their detention.

Headnote:This judgment relates to a habeas corpus petition filed under Article 226 of the Constitution of India by a mother seeking the release of her daughter. The petition was based on the claim that the daughter was detained. The court found that the daughter had married and was a major, leading to the closure of the initial complaint. The court ordered the police to produce the daughter before a Judicial Magistrate for her statement. The petition is disposed of based on these findings.

Table of Content
1. habeas corpus petition initiated by mother regarding daughter. (Para 1 , 2)
2. order for police to produce the detenue for statement. (Para 3)

(Order of the Court was made by N. ANAND VENKATESH,J.)

This Habeas Corpus Petition has been filed by the mother of the detenue for a direction to respondent Nos.1 and 2 to produce the body or person of the detenue and to set her at liberty.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor appearing for respondent Nos.1 and 2 based on the written instructions submitted that the petitioner's daughter is aged about 21 years and that she got married to one Tamilmani. Based on a complaint given before the All Women Police Station, Namakkal, the same was taken on file in CSR.No.36 of 2026. Upon enquiry and on ascertaining the fact that the detenue was married and she was a major, the CSR was closed. Yet another complaint was made before the second respondent and the second respondent has also closed the CSR for the very same reasons cited supra.

3. In the light of the above development, there shall be a direction to the Inspector of Police, All Women Police Station, Namakkal, to produce the detenue before the learned Judicial Magistrate, Paramathi Velur. The learned Judicial Magistrate shall record the statement of the detenue and proceed further in accordance with law.

4. This Habeas Corpus Petition is disposed of in the above terms.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top