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2026 DAILYLAW 86787 (MAD)

Mohammed Ashik v. The State of Tamil Nadu

HCP(MD)/75/2026 · 2026-02-12

G K Ilanthiraiyan, R Poornima

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

H.C.P.(MD)No.75 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2026 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD)No.75 of 2026 Mohammed Ashik ... Petitioner -vs- 1. The Commissioner of Police O/o. The Commissioner of Police Palayamkottai Tirunelveli- 627 002 2.The Superintendent of Police Palayamkottai Tirunelveli District 3. The Inspector of Police Melapalayam Police Station Melapalayam Tirunelveli- 627 005 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body or person of the detenue(petitioner's wife namely Mrs.M.Mohammed Seenu, D/o. Mahaboobjan aged about 30 years) and set her at liberty. 1 https://www.mhc.tn.gov.in/judis H.C.P.(MD)No.75 of 2026 For Petitioner : Mr.I,Pon Aravind 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 Habeus Corpus Petition has been filed to direct the respondents 1 to 3 to produce the body or person of the detenue(petitioner's wife namely Mrs.M.Mohammed Seenu, D/o. Mahaboobjan aged about 30 years) and set her at liberty. 2. The detenue is none other than the wife of the petitioner herein. The petitioner got married the detenue on 02.01.2023. Thereafter from 07.01.2026 the wife of the petitioner was missing from the matrimonial home, hence the petitioner lodged complaint before the third respondent and the same is pending in Crime No.8 of 2026 under 'Woman Missing'.. 3. The learned Additional Public Prosecutor, on instructions, submitted that the wife of the petitioner eloped with one Murugesan 2 https://www.mhc.tn.gov.in/judis H.C.P.(MD)No.75 of 2026 and their whereabouts are not known. He further submitted that the wife of the said Murugesan also lodged complaint before the Inspector of Police, Palayamkottai Police Station, Tirunelveli District and the same is pending in Crime No. 89 of 2029. The wife of the petitioner is not under illegal detention of any one. 4. In view of the same, the petition stands dismissed. However the third respondent and the Inspector of Police, Palayamkottai Police Station, Tirunelveli District are directed to complete the investigation in both the cases and file final report within a period of twelve weeks from the date of receipt of a copy of this order. [G.K.I., J.] [R.P., J.] 12.02.2026 aav 3 https://www.mhc.tn.gov.in/judis H.C.P.(MD)No.75 of 2026 To 1. The Commissioner of Police O/o. The Commissioner of Police Palayamkottai Tirunelveli- 627 002 2.The Superintendent of Police Palayamkottai Tirunelveli District 3. The Inspector of Police Melapalayam Police Station Melapalayam Tirunelveli- 627 005 4. The Inspector of Police, Palayamkottai Police Station, Tirunelveli District 5.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. 4 https://www.mhc.tn.gov.in/judis H.C.P.(MD)No.75 of 2026 G.K.ILANTHIRAIYAN , J. and R.POORNIMA , J. aav H.C.P.(MD)No.75 of 2026 12.02.2026 5 https://www.mhc.tn.gov.in/judis