H.C.P.(MD)No.1311 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2025 CORAM: THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA H.C.P.(MD)No.1311 of 2025 Yasmin ... Petitioner -vs- 1.The State of Tamil Nadu Rep. by The Superintendent of Police, Pudukkottai District, Pudukkottai. 2.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District. 3.Deleted ... Respondents (Amended as per order of this Court dated 11.11.2025) PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu namely Syed Abutahir, S/o.Mohaideen Abdul Kathar, aged 44 years before this Court and set him at liberty. ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD)No.1311 of 2025 For Petitioner : Mr.R.Prasanna For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor O R D E R (Order of the Court was made by G.K. ILANTHIRAIYAN,J.) This Habeas Corpus Petition has been filed for a direction directing the respondents 1 & 2 to secure and produce the detenu before this Court. 2. The petitioner is the wife of the detenu. She married the detenu by name Syed Abutahir on 06.05.2012. Thereafter, they gave birth to three children and he was missing from December 2021. Hence, the petitioner lodged a complaint. The second respondent registered the FIR in Cr.No.174 of 2025 under 'Man Missing'. During the investigation, the second respondent found that the detenu eloped with other woman to Abroad. ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD)No.1311 of 2025 3. The learned Additional Public Prosecutor appearing for the respondents also produced the travel particulars of the detenu dated 02.12.2025. It reveals that the detenu had flew away to Malaysia even as early as on 31.08.2022 and thereafter, he returned to India on 01.05.2024 and stayed in India for 43 days. Once again, he went to Malaysia on 13.06.2024. Therefore, the detenu is not under anybodies illegal detention and hence, the habeas corpus petition is not maintainable. 4. In view of the above, this habeas corpus petition is dismissed. The third respondent is directed to complete the investigation and file a final report in accordance with law, as expeditiously as possible. [G.K.I., J.] [R.P., J.] 12.12.2025 am NCC :Yes/No Index: Yes/No Internet: Yes/No ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD)No.1311 of 2025 To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai. 2.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District. 3..The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ____________ https://www.mhc.tn.gov.in/judis H.C.P.(MD)No.1311 of 2025 G.K. ILANTHIRAIYAN,J. AND R. POORNIMA,J. am H.C.P.(MD)No.1311 of 2025 12.12.2025 ____________ https://www.mhc.tn.gov.in/judis