Disposed¶34

Settu v. The Superintendent of Police

Madras HC16 Feb 2026HCP/286/2026

Case brief

AI extract

What is this about?

Habeas corpus; missing adult son; voluntary absence from residence; Article 226 Constitution of India; no illegal detention found; Crime No.194 of 2025 'Man Missing'; police directed to expedite investigation, trace detenu and file charge sheet; Vellore; Virudampet Police Station; petition closed; Madras High Court; P. Velmurugan J.; M. Jothiraman J.

What did the court decide?

No relief to the petitioner; petition closed with directions to the respondents-Police to expedite the investigation in Crime No.194 of 2025, take all necessary steps to trace the detenu at the earliest and file a charge sheet before the jurisdictional Court. ¶34

Settu Vs The Superintendent of Police — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents-Police are unlawfully detaining Bharathi, S/o.Settu (male, aged about 32), son of the petitioner, so that a writ of habeas corpus should issue directing his production before the Court and his release. +1 more

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Ratio / Principle

No case of illegal detention is made out warranting interference under Article 226 of the Constitution of India, as a case (Crime No.194 of 2025, 'Man Missing') has already been registered and the investigation is in progress.

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Key takeaways

The Habeas Corpus Petition is closed, with directions to the respondents-Police to expedite the investigation in Crime No.194 of 2025, take all necessary steps to trace the detenu at the earliest and file a charge sheet before the jurisdictional Court.ratio¶34

Detailed headnote1 paragraphs

Habeas Corpus Petition (H.C.P.No.286 of 2026, High Court of Judicature at Madras, decided 16-02-2026; order by P. Velmurugan, J., bench including M. Jothiraman, J.) filed by Settu, S/o.Parasuraman under Article 226 of the Constitution of India, seeking a writ directing the Superintendent of Police, Vellore and the Inspector of Police, Virudampet Police Station to produce his son Bharathi (male, aged about 32) and set him at liberty. The Additional Public Prosecutor submitted that the detenu had voluntarily left his residence - not for the first time - on 17.09.2025 at 7.30 a.m. and had not returned; on the petitioner's complaint, Crime No.194 of 2025 for 'Man Missing' was registered and investigation was in progress. Finding that no case of illegal detention was made out warranting interference under Article 226, the Court closed the petition and directed the respondents-Police to expedite the investigation, take all necessary steps to trace the detenu at the earliest and file a charge sheet before the jurisdictional Court.

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H.C.P.No.286 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16-02-2026

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CORAM

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THE HON'BLE MR JUSTICE P. VELMURUGAN

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AND

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THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

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H.C.P.No.286 of 2026

Settu

S/o.Parasuraman

..Petitioner(s)

The Superintendent of Police, Vellore, Vellore District.

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The Inspector of Police, Virudampet Police Station, Vellore.

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..Respondent(s)

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PRAYER : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents

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H.C.P.No.286 of 2026

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herein to produce the detenue by name Bharathi, S/o.Settu, Male, aged about 32 years, before this Court and set him at liberty.

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For Petitioner(s): Mr.R.Sivasankar For Respondent(s): Mr.A.Damodaran Additional Public Prosecutor assisted by Mr.M.Karthikeyan

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ORDER

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(Order of the Court was made by P.Velmurugan, J.)

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This Habeas Corpus Petition has been filed seeking a direction to the respondents-Police to produce the detenu, viz., Bharathi, S/o.Settu, male, aged about 32 years, before this Court and set him at liberty.

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Heard the learned counsel on either side and perused the materials available on record.

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The learned Additional Public Prosecutor appearing for the respondents-Police, on instructions, submitted that the detenu had voluntarily left his residence. It is further submitted that this is not the first instance when

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the detenu had gone missing. On an earlier occasion, the second respondentPolice traced the detenu and handed over his custody to the petitioner. Again,

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H.C.P.No.286 of 2026

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on 17.09.2025 at 7.30 a.m., the detenu left his residence and thereafter, he did

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not return. Based on the complaint given by the petitioner, the respondentsPolice registered a case in Crime No.194 of 2025 for “Man Missing” and the investigation is in progress.

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In view of the above submission and considering the fact that a case has already been registered and investigation is in progress, this Court finds that no case of illegal detention is made out warranting interference under Article 226 of the Constitution of India.

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Accordingly, this Habeas Corpus Petition is closed. However, the respondents-Police are directed to expedite the investigation in Crime No.194 of 2025 and take all necessary steps to trace the detenu at the earliest and file a charge sheet before the jurisdictional Court.

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(P.V.,J.) (M.J.R.,J.) 16-02-2026

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Index: Yes/No

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Speaking/Non-speaking order Neutral Citation: Yes/No

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