Disposed¶28

Sankar v. The State Rep By The Superintendent of Police

Madras HC19 Jan 2026HCP/46/2026

Case brief

AI extract

What is this about?

Minor child custody habeas corpus; petitioner-father Sankar seeks custody of daughter S.Abinaya (aged 17, b. 17.02.2008) who refuses to live with him; Madras High Court, H.C.P.No.46 of 2026, decided 19.01.2026; writ under Article 226; interim order 12.01.2026 for production before Magistrate; statement recorded by Judicial Magistrate, Vandavasi; detenue sent to CWC Home, Tiruvannamalai; Court directs detenue be kept in Home where she previously stayed; petition closed, custody denied to father.

What did the court decide?

Direction to the respondents to send the detenue to the Home where she previously stayed; the Habeas Corpus Petition stands closed without restoration of custody to the petitioner. ¶28

Sankar Vs The State Rep By The Superintendent of… — Writ and Judicial Review | Madras HC (2026)

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H.C.P.No.46 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.01.2026

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Coram:

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THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

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H.C.P.No.46 of 2026

Sankar

... Petitioner

Vs.

The State represented by The Superintendent of Police, Tiruvannamalai District.

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The Inspector of Police, Anakkavoor Police Station, Tiruvannamalai District. ... Respondent

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Prayer: This Habeas Corpus Petition petition has been filed under Article 226 of the Constitution of India to issue Writ of Habeas Corpus to direct the respondents to produce the minor S.Abinaya born on 17.02.2008 before this Court and to restore her to the lawful custody of the petitioner forthwith.

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For Petitioner : Mr.A.Anbharasu

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For Respondents : Mr.A.Damodaran, Addl. Public Prosecutor Assisted by Mr.M.Karthikeyan *******

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

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H.C.P.No.46 of 2026

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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 directions to the respondents to produce the minor girl S.Abinaya born on 17.02.2008 before this Court and to restore her to the lawful custody of the petitioner forthwith.

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2 The petitioner is father of the detenue viz. Abhinaya aged about 17 years. This Court vide its order dated 12.01.2026 directed the respondents to secure the detenue and produce her before the nearest Magistrate concerned, who has been assigned for recording dying declaration or remand report and the matter was directed to be listed on 19.01.2026.

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3 Today, i.e. on 19.01.2016, the learned Additional Public Prosecutor would submit that detenue has been secured and produced before the learned Judicial Magistrate, Vandavasi, Thiruvannamlai District and the learned Magistrate has also recorded her statement and since the detenue refused to go with the petitioner/father, the Magistrate ordered to send her to CWC Home, Tiruvannamalai. The learned Public Prosecutor produced the detenue and copy of the order passed by the learned Magistrate along the statement recorded from the victim.

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

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H.C.P.No.46 of 2026

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4 We inquired the detenue, who is 17 years old and the victim refused to go

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with the petitioner/father. Therefore since the detenue is a minor girl, the respondents are directed to send the detenue in the Home, where she stayed previously.

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