HCP/720/2026 of Sujatha Manoharan Vs The Commissioner of Police

2026:MHC:1671 HCP No. 720 of 2026 __________ Page 1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN HCP No. 720 of 2026 Sujatha Manoharan W/o.Manoharan No.5 Mari Street, Muthamizil Nagar, Tiruniravur Tamil Nadu - 602 024 ..Petitioner(s) Vs 1. The Commissioner of Police The Commissioner of Police Office of the Avadi City Police Commissioner HVF Estate, Bhaktavatsala Puram Avadi, Chennai 600 054 2. The Deputy Commissioner of Police Office of the Deputy Commissioner of Police, Avadi Chennai - 600 081 3. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Narayanasamy AvenueTiruninravur, Tamil Nadu - 602 024 4. The Inspector of Police (Law and Order) T-11 Tiruninravur Police Station, Tiruninravur - 602 024 5. Vetrivel S/o.Jayapal No.178, Tank Street Kandiyankuppam Vanapuram Tiruvannamalai - 606 753 https://www.mhc.tn.gov.in/judis HCP No. 720 of 2026 __________ Page 2 of 5 ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus or any other appropriate writ, order or direction in the nature of Writ, directing the 5th respondent to produce the detenue MINOR CHILDREN NAMELY MOUNIKA AND DHURVA before this Court and also handover them to the petitioner. For Petitioner(s): Mr.R.Gururaj For Respondent(s): Mr.R.Muniyapparaj, Additional Public Prosecutor for R1 to R4 assisted by Mr.N.Narkeeran Mr.S.Kumara Devan (for R5) ORDER (Order of the Court was made by Dr.Anita Sumanth J.) The grandmother of minor children Mounika and Dhruva is before this Court seeking their production. 2. We have heard learned counsel and have also conversed with both the petitioner as well as R5. 3. The daughter of the petitioner who was married to R5 had passed away on 05.01.2025. There appear to have been some marital differences between R5 and his wife prior to her demise. 4. Be that as it may, the children have been with their https://www.mhc.tn.gov.in/judis HCP No. 720 of 2026 __________ Page 3 of 5 grandmother/petitioner and the grandfather from the time of demise of the mother. In or around November 2025, R5 has taken them away to his residence. Aggrieved, the grandmother is before this Court. 5. Since the father is the natural guardian, and in the course of our conversation he has also indicated that he is inclined to have the children with him and bring them up, we see no reason to deny his right. Needless to say, the grand parent should also be allowed access to the children. 6. We have accordingly spoken to both the petitioner and R5 to bear in mind the interests of the children in this regard. We reiterate that R5 being the biological father of the minor children is entitled to the custody of the children subject to any proper proceedings that the parties may take before the appropriate Court seeking guardianship of the children. Cr.No.6 filed by Sujatha / petitioner herein has been closed by the Sivakanchi Police Station as ‘action dropped’, on 03.04.2026. 7.With this, this Habeas Corpus Petition is closed. (A.S.M.,J.) (S.M.,J.) 29-04-2026 vs Index: Yes/No Speaking order Neutral Citation: Yes To 1. The Commissioner of Police https://www.mhc.tn.gov.in/judis HCP No. 720 of 2026 __________ Page 4 of 5 The Commissioner of Police Office of the Avadi City Police Commissioner HVF Estate, Bhaktavatsala Puram Avadi, Chennai 600 054 2. The Deputy Commissioner of Police Office of the Deputy Commissioner of Police, Avadi Chennai - 600 081 3. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Narayanasamy AvenueTiruninravur, Tamil Nadu - 602 024 4. The Inspector of Police (Law and Order) T-11 Tiruninravur Police Station, Tiruninravur - 602 024 5. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis HCP No. 720 of 2026 __________ Page 5 of 5 DR.ANITA SUMANTH J. AND SUNDER MOHAN J. vs HCP No. 720 of 2026 29-04-2026 https://www.mhc.tn.gov.in/judis