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C.Shanmugam Pillai v. The State of Tamilnadu

Madras HC10 Sept 2025HCP(MD)/1036/2025

Case brief

AI extract

What is this about?

Habeas corpus; missing woman; woman missing; FIR Crime No.44 of 2023; Kalakad Police Station; Tirunelveli District; Karpagaselvi; C.Shanmugam Pillai; Alwyn Silvester; voluntary residence at Salem; child born; earlier HCP(MD)No.499 of 2023; Division Bench order dated 19.09.2023; closure of habeas corpus petition; Article 226 Constitution of India; Madurai Bench of Madras High Court; C.V.Karthikeyan J.; R.Vijayakumar J.; H.C.P.(MD) No.1036 of 2025; decision dated 10.09.2025.

What did the court decide?

Detenu produced/secured by the respondent police before the Court; habeas corpus petition closed. ¶33

C.Shanmugam Pillai Vs The State of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Detenu produced/secured by the respondent police before the Court; habeas corpus petition closed.

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Issue for consideration

Whether a writ of habeas corpus should issue directing respondents 1 and 2 to produce the petitioner's daughter Karpagaselvi (aged about 30), missing on and from 02.02.2023, and set her at liberty. +1 more

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Court's answer

The respondent police produced the missing daughter before the Court; she stated she is voluntarily living with the third respondent at Salem, a child has been born to them, and she expressed her intention to reside only with the third respondent.

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Ratio / Principle

Since the detenu had been secured and had expressed her intention to go along with her father and also with the third respondent, having realised she should have informed her father of her whereabouts earlier, the Habeas Corpus Petition is closed.

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Key takeaways

Observation expressing fervent trust that the relationship within the family would continue in a cordial manner and not turn sour, made while enquiring with the petitioner who was told to accept reality and take his daughter into his fold.obiter¶27

Detailed headnote1 paragraphs

Habeas Corpus (Madurai Bench of Madras High Court, filed under Article 226 of the Constitution of India) — Father, a senior citizen aged about 60, sought production of his daughter (aged about 30), missing on and from 02.02.2023; FIR in Crime No.44 of 2023 was registered under the caption 'woman missing'; an earlier petition H.C.P(MD)No.499 of 2023 filed by C.Maruthiraja was closed by a Division Bench by order dated 19.09.2023 directing the Inspector of Police, Kalakad Police Station, to expedite the investigation and file a final report; the third respondent (Alwyn Silvester) was impleaded in both petitions. On the present petition, the respondent police produced the missing daughter, who stated she was voluntarily living with the third respondent at Salem, where a child was born to them, and expressed her intention to reside only with him; the petitioner-father, present in Court, was told to accept the reality and take her into his fold. Held: no illegal detention established; detenu secured and acting voluntarily; Habeas Corpus Petition closed (disposed).

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H.C.P.(MD) No.1036 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.09.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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H.C.P.(MD) No.1036 of 2025

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C.Shanmugam Pillai ... Petitioner

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The State of Tamilnadu, Rep by the Superintendent of Police, Tirunelveli District.

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The Inspector of Police, Kalakad Police Station, Kalakad, Tirunelveli District.

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Alwyn Silvester ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the person or body of the detenu, i.e., the daughter of the petitioner namely Karpagaselvi D/o.C.Shanmugam Pillai aged about 30 years before this Court and set her at liberty.

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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For Petitioner : Mr.N.Vignesh

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H.C.P.(MD) No.1036 of 2025

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For Respondent : Mr.A.Thiruvadi Kumar (R1-R2) Additional Public Prosecutor

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O R D E R

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[Order of the Court was made by C.V.KARTHIKEYAN, J.]

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The petitioner, a senior citizen aged about 60 years has filed this Habeas Corpus Petition complaining that his daughter aged about 30 years has been missing on and from 02.02.2023.

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2.In this Connection, on 03.02.2023, the father of the detenu had lodged a complaint in which FIR in Crime No.44 of 2023 had been registered under the caption 'woman missing'. Thereafter, a petition in H.C.P(MD)No.499 of 2023 came to be filed by C.Maruthiraja. Though strenuous efforts were taken by the second respondent therein, the detenu was not able to be located. A Division Bench of this Court had closed the habeas corpus petition by an order dated 19.09.2023 issuing a direction to the second respondent therein/Inspector of Police, Kalakad Police Station at Tirunelveli District to expedite the investigation

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.1036 of 2025

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in Crime No.44 of 2023 and to file a final report. Even in that petition and in this petition, the third respondent had been impleaded. The present habeas corpus petition thereafter has been filed by the father of the detenu again seeking a status report about the progress of the investigation and to produce his daughter before the Court.

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3.Today, the respondent police have produced the missing daughter. She claimed that her first husband had filed a petition seeking dissolution of the marriage in Nanguneri Court and she understands that divorce had been granted. She further stated that she is voluntarily living with the third respondent at Salem and a child has also been born to them. She expressed her intention to reside only with the third respondent. The petitioner is also present and we also enquired with him. He understood the status of his daughter as on date and that he must accept the reality and take her into his fold. We fervently trust the relationship within the family would continue in a cordial manner and would not turn sour.

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4.Since the detenu has been secured and has expressed her intention also to go along with her father and also with the third respondent and stated that she

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_____________ Page 3 of 5_

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.1036 of 2025

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realized that she should have informed her father about her whereabouts earlier, we would close this petition.

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5.Accordingly, the Habeas Corpus Petition is closed.

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[C.V.K., J.] [R.V., J.] 10.09.2025