Vanitha Vs The State of Tamilnadu

Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents to produce the body or person of the detenue, namely Manikandan, S/o.Sekar, aged about 25 years and consequently to set the detenue 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.P.Sureshkumar For Respondents : 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 sister of the detenue to produce the person or body of the detenue, by name Manikandan, S/o. Sekar, aged about 25 years, and to set him at liberty.

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We have heard the learned counsel appearing for the petitioner and

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the learned Additional Public Prosecutor appearing for the respondents.

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The case of the petitioner is that her brother has been missing since 30.08.2025 and in spite of best efforts, the whereabouts of the detenue could not be ascertained. Hence, a representation was made to respondents 1 to 3 on 27.02.2026. Since there was no progress in the enquiry, the present petition has been filed before this Court.

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Page 2 of 5

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

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The learned Additional Public Prosecutor, on instructions,

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submitted that the complaint was received by the third respondent on

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01.03.2026 and is currently under enquiry in Current Paper No.50/3.

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In the considered view of this Court, since the detenue has been missing from 30.08.2025, there shall be a direction to the third respondent to register a “man missing” FIR and proceed further with the investigation in line with the guidelines issued by this Court in K.Sukumari vs. The Superintendent of Police, Virudhunagar District, Virudhunagar and others, reported in [2018 (2) LW (Crl) 636] . As and when the whereabouts of the detenue are ascertained, he shall be produced before the learned Judicial Magistrate, Karaikudi and the learned Judicial Magistrate shall record the statement of the detenue and proceed further in accordance with law.

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