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2026 Supreme(Online)(Mad) 41861

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, N. Senthilkumar, JJ
Yogesh Kumar – Appellant
Versus
Superintendent Of Police – Respondent
HCP No. 910 of 2026

Advocates:
For the Appellants/Petitioners: V. Vasudevan
For the Respondents: S. Raja Kumar

A Writ of Habeas Corpus is dismissed when an alleged detenue voluntarily provides a statement confirming their free will to reside with their parents, as there is no evidence of unlawful detention.

Headnote:The case involves a petition filed under Art. 226 of the Constitution of India seeking a writ of Habeas Corpus for the production of an alleged detenue. The petitioner claimed his spouse was being held against her will. Upon production of the individual before the court, she expressly stated she was residing with her parents of her own free volition, negating any claims of illegal detention. The central issue was whether the individual was held in unlawful custody. The court held that since the detenue appeared and testified that her residence with her parents was voluntary and free of force, the extraordinary writ jurisdiction was not sustainable. The court deemed further interference unnecessary, placing the burden on the petitioner to seek legal recourse in other competent forums. The Habeas Corpus petition is dismissed.

Table of Content
1. filing of habeas corpus petition seeking production of detenue. (Para 1 , 2)
2. dismissal of petition based on voluntary statement of the detenue. (Para 3 , 4)

(Order of the Court was made by L.Victoria Gowri J.)

Seeking a direction to the respondents to produce the petitioner’s wife - Mrs.Sowmiya, D/o.Muthusamy, aged about 24 years before this Court and to set her at liberty, the present habeas corpus petition has been filed.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2.

3. Today, the detenue is produced before this Court and we interacted with her. The detenue states that she has joined with her parents on her own volition, without any compulsion and she wants to stay with her parents.

4. Recording the statement made by the detenue, this habeas corpus petition is dismissed. However, the petitioner is at liberty to work out his remedy before the appropriate forum.

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2026 Supreme(Online)(Mad) 41861

IN THE HIGH COURT OF JUDICATURE AT MADRASL. Victoria Gowri, N. Senthilkumar, JJYogesh Kumar – AppellantVersusSuperintendent Of Police – RespondentHCP No. 910 of 2026

A Writ of Habeas Corpus is dismissed when an alleged detenue voluntarily provides a statement confirming their free will to reside with their parents, as there is no evidence of unlawful detention.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. Victoria Gowri, N. Senthilkumar, JJ
Yogesh Kumar – Appellant
Versus
Superintendent Of Police – Respondent
HCP No. 910 of 2026