Disposed¶28

Kathiriyappan v. The State of Tamil Nadu

Habeas Corpus – missing person

Madras HC12 Mar 2026HCP(MD)/76/2026

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What is this about?

Madurai Bench of Madras High Court, H.C.P.(MD)No.76 of 2026, decided 12.03.2026 (N. Anand Venkatesh & P. Dhanabal, JJ.). Writ of habeas corpus under Article 226 for missing person Azhagesan, missing since 01.01.2026 (Bangalore visit); man missing FIR Crime No.16 of 2026, Medical College Police Station, Thanjavur; court applied K. Sukumari guidelines (2018(2) -L.W. (Crl) -636) and directed continued investigation to trace detenu; petition disposed.

What did the court decide?

Direction to the second respondent (Inspector of Police, Medical College Police Station, Thanjavur District) to continue the investigation in line with the guidelines in K. Sukumari and trace the whereabouts of the detenu as expeditiously as possible. ¶28

Kathiriyappan Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2026)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.03.2026

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CORAM

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THE HON'BLE MR JUSTICE N. ANAND VENKATESH

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AND

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THE HON'BLE MR JUSTICE P.DHANABAL

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H.C.P.(MD)No.76 of 2026

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Kathiriyappan

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.. Petitioner / brother of the detenu

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Vs.

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1.The Superintendent of Police, O/o. the Superintendent of Police, Thanjavur District.

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2.The Inspector of Police, Medical College Police Station, Thanjavur District. .. 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 respondent Nos.1 and 2 to produce the person or body of the petitioner's brother, namely, Azhagesan, aged abut 31 years before this Court and hand over the custody of the detenu to the petitioner.

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For Petitioner : Mr.G.Karuppasamypandiyan

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For Respondents : Mr.... Additional Public Prosecutor

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Page 1 of 4

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

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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 seeking for a direction to respondent Nos.1 and 2 to produce the person or body of the petitioner's brother, who went missing from 01.01.2026.

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Heard the learned counsel on either side.

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The petitioner's younger brother went to Bangalore on 01.01.2026

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and thereafter, there was no news from the petitioner's brother and his whereabouts were also not able to be traced. Under these circumstances, a complaint was given to the second respondent, which resulted in the registration of a man missing FIR in Crime No.16 of 2026. Since no effective steps were taken to find the whereabouts of the detenu, the present Habeas Corpus Petition came to be filed before this Court.

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Taking into consideration the facts and circumstances of the case and the nature of grievance expressed by the petitioner, there shall be a

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Page 2 of 4

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

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direction to the second respondent to proceed further with the investigation in line with the guidelines issued by this Court in the case of K. Sukumari Vs. The Superintendent of Police, Virudhunagar District, Virudhunagar , reported in 2018(2) -L.W. (Crl) -636 and find the whereabouts of the detenu as expeditiously as possible.

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