A.Kavitha Vs The State of Tamil Nadu

Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondent Nos.1 and 2 herein to produce the body or person of the petitioner's husband, namely, Ayyamperumal, S/o Muthupillai, Male, aged about 48 years, before this Court and set him at liberty.

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For Petitioner : Mr.R.Shankar Ganesh

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

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HCP.(MD) No.123 of 2026

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For R-1 and R-2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

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ORDER

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(Order of the Court was made by N. ANAND VENKATESH,J.)

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This Habeas Corpus Petition has been filed by the wife of the detenu to produce the body or person of the petitioner's husband, who is said to have been illegally detained by the third respondent and to set him at liberty.

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Heard the learned counsel on either side.

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The case of the petitioner is that there was some financial transaction between the petitioner's husband and the third respondent and that the third respondent had illegally detained the petitioner's husband with the help of hooligans and his whereabouts are not known from 08.12.2025. Hence, a complaint was given before the second respondent and a 'man missing FIR' was registered in Crime No.383 of 2025. Since no effective steps were taken, the present Habeas Corpus Petition has been filed before this Court.

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

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HCP.(MD) No.123 of 2026

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The learned Additional Public Prosecutor appearing for the respondent Nos.1 and 2 submitted that the third respondent is very much present in the address given in the petition and the detenu has not been detained by the third respondent as is alleged in the petition. The learned Additional Public Prosecutor submitted that the detenu was involved in real estate transactions and hence, the second respondent is in the process of finding out the nature of those transactions and to ascertain the whereabouts of the detenu.

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Taking into consideration the facts and circumstances of the case and considering the submissions made by the learned Additional Public Prosecutor, there shall be a direction to the second respondent to proceed further with the investigation and ascertain the whereabouts of the detenu. The detenu shall be presented before the learned Judicial Magistrate No.II, Kodaikanal. On his appearance, the learned Judicial Magistrate shall record the statement of the detenu and proceed further in accordance with law. A report shall also be submitted before this Court.

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

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HCP.(MD) No.123 of 2026

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