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Madras High CourtHCP/665/2017closed

S.Radhamani (F/38 Years) v. The Superintendent Of Police

2018-02-05Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.665/2017 S.Radhamani ..

Petitioner vs.

1.The Superintendent of Police O/o.The Superintendent of Police Tiruppur District.

2.The Inspector of Police Tiruppur North Police Station Tiruppur.

3.S.Kumudavalli 4.S.Kanagavalli **RR3&4 impleaded as per order of this Court dated 19.09.2017 in Crl.MP.No.11923/2017 .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to produce the body and person of A.Pushpakumar, son of Arumugam, aged about 32 years, before this Court and set him at liberty forthwith. For petitioner : Mr.K.Bala Ganesh for M/s.Genicon and Associates For RR1 & 2 : Mr.V.M.R.Rajentren, APP For RR3&4 : Ms.Shase for Mr.M.Guruprasad

ORDER

(Order of the Court was made by C.T.SELVAM, J.) Heard learned counsel for the petitioner ; learned Additional Public Prosecutor appearing for the respondents 1 and 2 ; and learned counsel appearing for the respondents 3 and 4. Petitioner, sister of the detenu Pushpakumar, son of Arumugam, aged 32 years, has filed the present petition to cause production of her brother before this Court and set him at liberty. Learned Additional Public Prosecutor appearing for the respondents 1 and 2 furnished Observation Report of the detenu Pushpakumar, dated 31.10.2017 issued by Dr.R.Karthikeyan, Assistant Professor in Psychiatry, Coimbatore Medical College, which informs that the alleged detenu Pushpakumar is in need of Psychiatric treatment for Schizophrenia and hypothyrodism. The said report also informs that when supervised by family members, he does his work and understand the day-to-day affairs. It is not in dispute that the alleged detenu Pushpakumar was in the custody of respondents 3 and 4, his two sisters, the petitioner also being his sister.

In such circumstances, we consider it appropriate to allow the respondents 3 and 4 to continue to have the custody of the detenu Pushpakumar, son of Arumugam, aged 32 years, towards affording him best medical help and support.

Accordingly, the habeas corpus petition is closed. [C.T.S., J.] [N.S.K., J.] 05.02.2018 AP To 1.The Superintendent of Police O/o.The Superintendent of Police Tiruppur District.

2.The Inspector of Police Tiruppur North Police Station Tiruppur.

3.The Public Prosecutor High Court, Madras.

C.T.SELVAM, J., AND N.SATHISH KUMAR, J.

AP H.C.P.No.665/2017 05.02.2018