Senthil Kumar Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

Senthil Kumar Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Habeas Corpus Petition disposed of: the second respondent police secured the detenue and produced her before the Court; no illegal detention was found; the petitioner/father is to hand over the detenue's original certificates and identity documents to the second respondent Police within one week for delivery to the detenue with acknowledgement; the third respondent acknowledged he will meet the detenue's education and Chennai stay expenses.

Issue for consideration

Whether the petitioner's daughter, Ms.Femeena (aged about 21 years), is under the illegal detention/custody of the third respondent, warranting a writ of habeas corpus directing the second respondent police to produce her before the Court and set her at liberty. +1 more

Court's answer

Upon securing and personally examining the detenue, the Court found she is NOT under illegal detention: she is pursuing Second year Bio-Medical Engineering, staying in a hostel at Chennai, her personal expenditures are made by the third respondent (now working at Canada), she is not willing to join her parents, and she is willing to join the third respondent at Canada after sometime.

Ratio / Principle

Given the understanding arrived at between the third respondent and the detenue — the third respondent having appeared by video-conferencing and acknowledged his readiness to meet the detenue's expenditures for her education and stay at Chennai — the Court held that no further adjudication was required.

Key takeaways

The petitioner/father, present before the Court, undertook and is directed to hand over all original educational certificates and documents, Birth Certificate, Pan Card, Voter ID and Aadhar Card of the detenue to the second respondent Police within one week, who in turn shall hand them over to the detenue and receive acknowledgement.ratio¶31

Detailed headnote1 paragraphs

Madras High Court (S.M. Subramaniam & M. Jothiraman, JJ.; order by S.M. Subramaniam, J.), H.C.P. No.81 of 2025, decided 10.01.2025 — Habeas Corpus under Article 226: A father (Senthil Kumar) sought a writ directing the second respondent police to produce his daughter Femeena (about 21 years), alleged to be in the illegal custody of the third respondent (Jesse Edward James), and to set her at liberty. The second respondent police secured the detenue and produced her before the Court. On personal examination it was found that the detenue is pursuing Second year Bio-Medical Engineering, staying in a hostel at Chennai, her personal expenditures are met by the third respondent now working in Canada; she is not willing to join her parents and is willing to join the third respondent in Canada after sometime. HELD: the detenue is not under illegal detention. As her original educational certificates were with her father, preventing a Passport application, the petitioner/father undertook and was directed to hand over all original educational certificates and documents, Birth Certificate, PAN Card, Voter ID and Aadhar Card to the second respondent Police within one week, for onward delivery to the detenue with acknowledgement. The third respondent, appearing through video-conferencing, acknowledged readiness to meet the detenue's expenditures for education and stay at Chennai. In view of this understanding between the third respondent and the detenue, no further adjudication was undertaken and the Habeas Corpus Petition stood disposed of.

HCP.No.81 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2025

CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

AND

THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

H.C.P.No.81 of 2025

Senthil Kumar

... Petitioner/Father of the detenu

Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Thiruchencode Road, Namakkal, Namakkal District.

2.The Inspector of Police, Komarapalaiyam Police Station, Komarapalaiyam, Namakkal District.

3.Jesse Edward James ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, or any other appropriate writ order or direction in the

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HCP.No.81 of 2025

nature of writ, to direct the 2^nd respondent herein to produce the petitioner Daughter Femeena aged about 21 years D/o. Senthil Kumar before this Hon'ble Court from the illegal custody of the 3^rd respondent and set her at liberty.

For Petitioner : Mr.S.Conscious Ilango For Mr.D.Arun For Respondents (R1 & R2) : Mr.R.Muniyapparaj Additional Public Prosecutor (For R3) : Mr.T.R.Prabhakaran

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J. )

The writ of Habeas Corpus Petition has been instituted to direct the second respondent to produce the daughter of the petitioner namely Ms.Femeena, aged about 21 years.

The second respondent Police secured the detenue and produced before this Court today.

The detenue and the third respondent are friends. We have examined the

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HCP.No.81 of 2025

detenue. She is pursuing Second year Bio-Medical Engineering Course. She is staying in a Hostel at Chennai. Further, she says that her personal expenditures are made by the third respondent, who is now working at Canada. The detenue is not willing to join with her parents. She is willing to join with the third respondent at Canada after sometime.

Thus, we could able to find that the detenue is not under illegal detention. The detenue made a submission that her original educational certificates are with the petitioner/father and therefore, she is unable to submit an application for Passport.

In this regard, the petitioner/father, who is present before this Court, undertakes that he will hand over all the original educational certificates and documents, Birth Certificate, Pan Card, Voter ID, Aadhar Card of the detenue to the 2^nd respondent Police, who in turn, shall hand over the same to the detenue and receive acknowledgement. The petitioner/father is directed to hand over the above said documents to the 2^nd respondent / Police within a period of one week from today.

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HCP.No.81 of 2025

The third respondent also appeared before this Court through Video-

conferencing. He has also acknowledged that he is ready to meet out the expenditures of the detenue for her education and stay at Chennai.

This being the understanding between the third respondent and the

detenue, no further adjudication needs to be undertaken. Consequently, the Habeas Corpus Petition stands disposed of.

[S.M.S., J.] [M.J.R., J.] 10.01.2025 (2/2)

Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No kak

To

1.The Superintendent of Police, Office of Superintendent of Police, Thiruchencode Road, Namakkal, Namakkal District.

2.The Inspector of Police, Komarapalaiyam Police Station, Komarapalaiyam,

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HCP.No.81 of 2025

Namakkal District.

3.The Additional Public Prosecutor, Madras High Court.

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S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.

kak

H.C.P.No.81 of 2025

(2/2)

10.01.2025

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