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2026 DAILYLAW 49175 (MAD)

Prema v. The State Represented by

HCP/1221/2026 · 2026-07-13

Anita Sumanth, Sunder Mohan

Transfer Petitionbody2026

Judgment text

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2026:MHC:2755 HCP No. 1221 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 1221 of 2026 Prema W/o.Kuppusamy, No.8/2915, 3-5, Karupparayan Kovil, Pandiyan Nagar, Nerupperichal, Pooluvapatti, Tiruppur District. ..Petitioner(s) Vs 1. The Superintendent of Police, Erode District, Erode - 638 001. 2. The Inspector of Police, Ammapettai Police Station, Erode District. 3. Vinoth S/o.Senthil, 320, Chottaparai, Anthiyur Taluk, Erode District. ..Respondent(s) Prayer: Habeas Corpus Petition filed under Article of 226 of Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to secure the petitioner daughter Jothika, who is illegally detained by the 3rd Respondent and produce her before this Honourable Court and set her at liberty or pass such other order or direction this Honourable court may deem fit. __________ https://www.mhc.tn.gov.in/judis 2026:MHC:2755 HCP No. 1221 of 2026 For Petitioner(s): Ms. D. Jeevitha for Mr.R.Nalliyappan For Respondent(s): Mr.C.R.Malarvannan Counsel For Government Of Tamil Nadu (Criminal Side) Order (Order of the Court was made by Dr.Anita Sumanth J.) One Jothika (detenue), the daughter of the petitioner has left her matrimonial home and is staying on her own eking out a livelihood. This Habeas Corpus Petition has been instituted by her mother who apprehends that she has been illegally detained by R3. 2.The petitioner and the detenue are present in Court. We have interacted with the detenue, who confirms that she has no relationship with R3 and, in any event, she is living independently of her own choice. 3.No documents have been produced to establish the age of the detenue. However, the police authorities have a copy of her Aadhar card, which reveals her date of birth as 23.11.1999 making her 27 years as of now. In fact, the detenue informs us that her husband and minor child (7 years) are present in the Court premises as well, but they are not present when the matter is being heard. __________ https://www.mhc.tn.gov.in/judis 2026:MHC:2755 HCP No. 1221 of 2026 4.In light of the fact that the detenue is a major, and is categoric that she is taking decisions independently and voluntarily, there need be no apprehension that she is under illegal detention. 5.Recording the above, we close this habeas corpus petition. (A.S.M.,J.) (S.M.,J.) 13-07-2026 vs Index: Yes/No Speaking order Neutral Citation: Yes To 1. The Superintendent of Police, Erode District, Erode - 638 001. 2. The Inspector of Police, Ammapettai Police Station, Erode District. 3. The Public Prosecutor, High Court of Madras. __________ https://www.mhc.tn.gov.in/judis 2026:MHC:2755 HCP No. 1221 of 2026 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. vs HCP No. 1221 of 2026 13-07-2026 __________ https://www.mhc.tn.gov.in/judis