Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 35575

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, K.K.RAMAKRISHNAN, JJ
V.Dhanushkodi – Appellant
Versus
The State of Tamil Nadu, Represented by the Commissioner of Police, Commissioner Office, Tiruchirappalli City, Tiruchirappalli District-620 023. – Respondent
H.C.P.(MD)No.507 of 2026 | Crime No.58 of 2026

Advocates:
For the Appellants/Petitioners: Mr.T.Antony Arulraj
For the Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

Court directs expeditious tracing and production of missing person before Magistrate in Habeas Corpus petition.

Headnote:Article 226 of the Constitution of India enables issuance of writ of Habeas Corpus. Petitioner’s daughter went missing on 23.03.2026 after attending academy, leading to FIR in Crime No.58 of 2026 for women missing; no effective steps taken despite representation. Court directed expeditious inquiry. Issue framed as need for police to trace missing daughter amid fears for safety including suicide note. Court observed ongoing process by police and directed production before Magistrate after notice to petitioner. Habeas Corpus Petition disposed directing second respondent to find petitioner’s daughter expeditiously and produce before Judicial Magistrate No.IV, Trichy, who shall record detenue’s statement and proceed per law.

Table of Content
1. habeas corpus for custody direction and hearing. (Para 1 , 2)
2. daughter missing post-academy, fir registered. (Para 3)
3. police tracing; fears due to suicide note. (Para 4 , 5)
4. direct expeditious tracing, production before magistrate. (Para 6)

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

This Habeas Corpus Petition has been filed for a direction to the second respondent to consider the representation made by the petitioner on 10.04.2026 wherein the petitioner is seeking for the custody of her daughter.

2. Heard the learned counsel on either side.

3. The case of the petitioner is that her daughter was studying in an academy at Melapudur, Cantonment, Trichy. On 23.03.2026, she left for the academy and thereafter, her whereabouts were not able to be ascertained. Hence, a complaint was given before the second respondent, based on which, a Women Missing FIR was registered in Crime No.58 of 2026. Since no effective steps were taken to ascertain the whereabouts of the petitioner's daughter, the present petition has been filed after giving a representation to the first respondent dated 10.04.2026.

4. The learned Additional Public Prosecutor on instructions submitted that the second respondent is in the process of finding the whereabouts of the petitioner's daughter.

5. The learned counsel appearing for the petitioner submitted that she is fearing for the life of her daughter, since there was a suicide note.

6. Considering the facts and circumstances of the case and considering the submissions made on either side, there shall be a direction to the second respondent to expeditiously find the whereabouts of the petitioner's daughter and to produce her before the learned Judicial Magistrate No.IV, Trichy. On the date of such production, the petitioner shall be put on notice. The learned Judicial Magistrate shall record the statement of the detenue and proceed further in accordance with law.

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