[Cites 1, Cited by 0]
Madras High Court
Jahir Hussain vs The State Of Tamil Nadu on 10 March, 2026
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
HCP(MD) No.286 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
AND
THE HON'BLE MR JUSTICE P.DHANABAL
H.C.P.(MD)No.286 of 2026
Jahir Hussain ... Petitioner / Father and
Grandfather of the detenu
Vs.
1. The State of Tamil Nadu,
The Commissioner of Police,
Madurai Corporation,
Madurai.
2. The Inspector of Police,
Thiruppalai Police Station,
Thiruppalai,
Madurai District. ..... Respondents
Prayer :Petition filed under Article 226 of the Constitution of India to issue
a writ of Habeas Corpus to issue a Writ of Habeas Corpus petition to
produce the person or body of the detenue namely, Tajil Hussaina @
Rathanam, W/o.Mohammed Meeran Hussain and her two minor sons,
namely, Agil Hussain S/o.Mohammed Meeran Hussain aged about 4 years
(28.05.2022) and Sahil Hussain S/o.Mohammed Meeran Hussain aged
about 2 ½ years and set them liberty to the petitioner.
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HCP(MD) No.286 of 2026
For Petitioner : Mr.R.Paranjothi
For Respondents : Mr.E.Antony Sahaya
Prabahar
Additional Public Prosecutor
ORDER
(Order of the Court was made by N. ANAND VENKATESH, J.)
This Habeas Corpus Petition has been filed by the father to produce
the person or body of the detenu, who is his daughter and also two minor
sons and set them at liberty.
2. Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing on behalf of the respondents.
3. The case of the petitioner is that his daughter was married to one
Mohammed Meeran Hussain on 14.09.2020 and they were blessed with two
children. The petitioner's son-in-law is working in Malaysia and the
petitioner's daughter came along with her two children and stayed with the
petitioner. On 16.02.2026, the petitioner's daughter along with two minor
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children went to a nearby grossery shop but however did not return back
home thereafter. Since the whereabouts were not known, a complaint was
given by the petitioner on 25.02.2026.
4. The grievance of the petitioner is that the respondent police has not
acted upon the complaint and ascertain the whereabouts of the petitioner's
daughter and the two minor children. Under these circumstances, the present
petition has been filed before this Court.
5. The learned Additional Public Prosecutor, on instructions,
submitted that based on the complaint given by the petitioner, a women
missing FIR has been registered by the second respondent in Crime No.125
of 2026 and that the investigation is pending.
6. Taking into consideration the facts and circumstances of the case
and the averments made in the affidavit filed in support of this petition and
on considering the fact that the second respondent is already in the process
of finding the whereabouts of the detenu and two minor children, there shall
be a direction to the second respondent to produce the detenu and the two
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minor children before the learned Judicial Magistrate – II, Madurai. As and
when they are presented before the learned Magistrate, the petitioner shall
be put on notice. The learned Magistrate shall record the statement of the
detenu and submit a report before this Court. Thereafter, further proceedings
shall be carried out in accordance with law.
7. This Habeas Corpus Petition stands disposed of in the above terms.
[N.A.V.,J.] [P.D.B.,J.]
10.03.2026
Index : Yes / No
Internet : Yes / No
PKN
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To
1. The State of Tamil Nadu,
The Commissioner of Police,
Madurai Corporation,
Madurai.
2. The Inspector of Police,
Thiruppalai Police Station,
Thiruppalai,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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N. ANAND VENKATESH,J.
AND
P.DHANABAL,J.
PKN
10.03.2026
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