Madras High Court
HCP(MD)/1308/2026 of Palanikumar Vs The State of Tamilnadu on 3 November 2026
HCP(MD) No. 1308 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03-11-2026
CORAM
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR
AND
THE HON'BLE MR.JUSTICE N.GUNASEKARAN
HCP(MD) No. 1308 of 2026
CNR:{HCMD011464982026}
Palanikumar
S/o.Dhanarajan,
Plot No.64, 3rd Street,
Krishna Avenue,
Rajagambiram,
Y.Othakadai,
Madurai District.
..Petitioner(s)
Vs
1. The State of Tamilnadu
Rep by,
The Superintendent of Police,
O/o.The Superintendent of Police,
Madurai District.
2. The Inspector of Police
Othakadai Police Station,
Madurai District.
3. Vikram
S/o.Nallathambi,
Kalanivasal,
Karaikudi,
Sivagangai District.
..Respondent(s)
PRAYER: H1-G.To direct the respondents 1 and 2 to produce the body or person of petitioner's daughter Divyadharshini, D/o.Palanikumar, aged about 23 before this Court and set her at liberty.
HCP(MD) No. 1308 of 2026
For Petitioner(s)
:M/s R.Venkatesan
For Respondent(s)
:M/s.C.Christopher
Additional Public Prosecutor For R1
and R2
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ORDER
(Order of the Court was made by M. NIRMAL KUMAR J.) In continuation and conjunction to the earlier order passed by this Court which is extracted here under:
2. The petitioner is the father of the detenue, namely, Dhivya Dharshini. He lodged a complaint before the second respondent police, based on which a case in Crime No. 425 of 2026 was registered on 21.09.2026. The complaint is that the petitioner's daughter, who was employed in the Credit Card Section of the State Bank of India, was found missing and had not returned home. Further, upon enquiry with the bank, it was found that she had gone along with the third respondent, who is a married person. The wife of the third respondent had also visited the bank and informed them that her husband was missing. Hence, the petitioner alleged that the second respondent police had not taken any action. Fearing for the life of his daughter, particularly as she had gone along with the third respondent, a married person, the petitioner filed the above petition.
3. The learned Additional Public Prosecutor submitted that, based on the complaint, the second
HCP(MD) No. 1308 of 2026 respondent, Mr. I. Rajarajan, Sub-Inspector of Police, Othakkadai Police Station, Madurai, had conducted an investigation. During the investigation, it was found that the petitioner's daughter, Dhivya Dharshini, and her mother, Rani, were residing with the petitioner herein and that the petitioner was her stepfather. Her biological father is Gandhidas. Further, the petitioner's daughter was enquired into, and she stated that she was a major and had taken a conscious decision to leave home to escape the harassment and humiliation caused by the petitioner. She is now happily residing in Chennai. Further, she had sent a WhatsApp message to the said Sub-Inspector of Police, who also confirmed that she was free and residing separately of her own will. She is also in regular contact with her mother.
4. The learned counsel for the petitioner objected to the same and produced the birth certificate of the detenue, Dhivya Dharshini, who was born on 22.09.2003 at Xavier Hospital, Ramanathapuram. In the birth certificate, the petitioner's name has been recorded as the father and Shiyamala as the mother, under Registration No. 2481/2003/03, dated 30.09.2003, issued by the Ramanathapuram Municipality. He further submitted that the third respondent had been sending videos and pictures to the petitioner and threatening him. He further submitted that the petitioner undertakes to produce the video clippings and the birth certificate before the second respondent police.
5. The learned Additional Public Prosecutor is
HCP(MD) No. 1308 of 2026 directed to file a status report before this Court on or before 29.10.2026.
6. The learned counsel for the petitioner is directed to produce the birth certificate and the video clippings before the second respondent police.
7. In the meanwhile, if the detenue is secured, she shall be produced before the concerned Jurisdictional Magistrate. the following order is passed.
2. Today the detenue appeared through video conferencing from Chrompet Police Station. Mr.Loganatha, Police Constable, Othakadai Police Station identified the detenue.
3. We interacted with the detenue. The detenue submitted that she was born on 22.09.2003. Her father is Gandhidoss who is residing near Kalpakkam. The detenue is now staying in Narpavi Ladies Hostel, Perumbakkam, Chennai. She submitted that she is not under illegal detention of any one and she on her own volition in staying in a hostel and nobody has compelled her to stay in the present location.
4. The contention of the petitioner with regard to registration of case in crime No. 69 of 2026 by the All Women Police Station,
HCP(MD) No. 1308 of 2026 Tallakulam Police Station by one Ramya, which is a different case,
5. The detenue found not under any one custody against her wish. The detenue is major who consistently taken a decision to stay away from the petitioner. Taking note of the fact that the missing person/detenue is not under illegal detention of any one, this petition stands closed. (M.N.K.,J.) (N.G.N.,J.) 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AAV To
1. The Superintendent of Police O/o.The Superintendent of Police Madurai District
2. The Inspector of Police Othakadai Police Station Madurai District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai
HCP(MD) No. 1308 of 2026 M.NIRMAL KUMAR, J. AND N.GUNASEKARAN, J. AAV HCP(MD) No. 1308 of 2026 03-11-2026