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2026 Supreme(Online)(Mad) 21078

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, M.JOTHIRAMAN, JJ
V.Suresh – Appellant
Versus
The Commissioner of Police, Salem – Respondent
H.C.P.No.352 of 2026



Advocates:
For the Appellants/Petitioners: Mr.R.Kalyanasundaram
For the Respondents: Mr.A.Damodaran, Addl. Public Prosecutor, Mr.M.Karthikeyan

The court determined that there was no illegal detention of the detenue, who had voluntarily eloped, thus dismissing the petition.

Headnote:This Habeas Corpus Petition was filed under Article 226 of the Constitution of India to secure the production of the petitioner's daughter, who had been reported missing. The petitioner alleged illegal detention while the respondents asserted she eloped voluntarily. The court found no evidence of illegal detention, leading to dismissal of the petition. The core issue was whether the detenue was unlawfully held against her will. The court concluded there was no illegal detention and opted not to intervene.

(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 Haripriya aged about 22 years before this Court.

2 According to learned counsel for the petitioner, the petitioner is father of the deteue Haripriya aged about 22 years and she was acquainted with one Surendar. On 01.02.2026 onward she was missing from home and despite immediate search by family, she could not be traced. Hence they preferred complaint, which was registered in Cr.No.32 of 2026 and no steps have been taken to secure the petitioner’s daughter.

Hence the present petition.

3 Learned Additional Public Prosecutor for the respondents would submit that the detenue, aged about 22 years, is the daughter of the petitioner. She had love affair with one Surendar and she eloped with him and she also sent video footage to the Police Station, in which, she has stated that she only voluntarily left the home, since she could not bear the torture made by the parents and she has not been illegally detained by anyone.

4 This Court perused the video, which reveal that there is no illegal detention of the detenue and it is the case of elopement. Under these circumstances, this Court is not inclined to exercise power under Article 226 of the Constitution of India.

5 Accordingly, this Habeas Corpus Petition stands dismissed.

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