Madras High Court
K.Jayaprakash vs The Superintendent Of Police on 20 November, 2025
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
HCP.No.2322 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 20.11.2025
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
AND
THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
H.C.P.No.2322 of 2025
and Crl.M.P.No.21989 of 2025
K.Jayaprakash .. Petitioner
Versus
1. The Superintendent of Police
Thiruvarur District, Thiruvarur
2. The Inspector of Police
Mannarkudi Police Station
Thiruvarur District
3.Yabose
4.Rooban
5. Glory .. Respondents
th
(5 respondent is impleaded vide order dated 20.11.2025 made in
Crl.M.P.No.21989 of 2025 in HCP.No.2322 of 2025)
Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution
of India praying for a Writ of Habeas Corpus, directing the respondents 1
and 2 to produce the petitioner's minor children namely, J.Priyadharshini,
aged 9 years, D/o.K.Jayapraksh and J.Jivanantham, S/o.K.Jayaprakash, aged
7 years before this Court from the illegal custody of the respondents 3 and 4
1
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HCP.No.2322 of 2025
and hand over to the petitioner.
For Petitioner : Mr.C.Munusamy
For Respondents : Mr.A.Damodaran for R1 & R2
Additional Public Prosecutor
assisted by M.Karthikeyan for R1 and R2
Mrs.D.Kalaiselvi and
Mr.N.Daranath for R3 & R4
ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
This petition has been filed directing the respondents 1 and 2 to
produce the petitioner's minor children namely, J.Priyadharshini, aged 9
years, D/o.K.Jayapraksh and J.Jivanantham, S/o.K.Jayaprakash, aged 7
years before this Court from the illegal custody of the respondents 3 and 4
and hand over to the petitioner.
2. Crl.M.P.No.21989 of 2025 has been filed to implead one Glory,
sister of the deceased as the respondent No.4. Considering the facts and
circumstances of the case, this petition is ordered.
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3. The petitioner being the biological father of the minor children
namely J.Priyadharshini and J.Jivanantham seeks production of the children
from the custody of the respondents 3 to 5. It is the case of the petitioner
that he is married his wife in the year 2016 and they were blessed with
minor children, J.Priyadharshini and J.Jivanantham. When the matter stood
thus, on 16.12.2018, his wife committed suicide and case was foisted
against him and now he has come out on bail, therefore, according to him,
the children are in the illegal custody of the respondents 3 to 5.
4. The minor children are produced before this Court. We have
intereacted with the children. From the year 2018, the minor children are
with deceased sister/newly impleaded 5th respondent. The children have in
fact considered her as mother.
5. The petitioner is also convicted under Section 304(B) of IPC and
sentenced to undergo rigorous imprisonment for 7 years by the Trial Court
in Spl.S.C.No.20 of 2021 vide judgment dated 30.12.2024. Now, it appears
that the petitioner has come out on bail on suspension of sentence by the
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appellate court, at this stage, seeks custody of the minor children. The
petitioner is facing the imprisonment for a period of 7 years and from 2018
onwards, the minor children are taken care by the newly impleaded 5th
respondent/sister of the deceased. At this stage, we are of the view that it
cannot be said that they are in illegal custory.
6. Though petitioner being the biological father, he is already facing
sentence for period of 7 years in which appeal is pending. At this stage, we
are of the view that custody cannot be granted to the petitioner since the
children are taken care and fostered by the fifth respondent/sister of the
deceased all these years and the petitioner is not entitled for custody. If at
all the petitioner seeks permanent custody, he shall file appropriate petition
before the competent civil court.
7. Accordingly, this Habeas Corpus Petition is closed.
[N.S.K.,J.] [M.J.R.,J.]
20.11.2025
Index: Yes/No
Neutral Citation: Yes/No
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dhk
To
1. The Superintendent of Police
Thiruvarur District, Thiruvarur
2. The Inspector of Police
Mannarkudi Police Station
Thiruvarur District
3.The Public Prosecutor
Madras High Court.
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N.SATHISH KUMAR, J.,
AND
M.JOTHIRAMAN, J.,
dhk
20.11.2025
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