R.Kamatchi v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.04.2018 Coram THE HON'BLE MR.JUSTICE M.VENUGOPAL & THE HON'BLE MRS.JUSTICE R.HEMALATHA H.C.P.No.622 of 2018 R.Kamatchi ... Petitioner v.
1.The Commissioner of Police Chennai District Pantheon Road, Egmore Chennai - 600 008 2.The Inspector of Police T-2, Ambattur Industrial Estate Police Station Ambattur Chennai - 600 058
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce detenu, petitioner's husband K.A.Rajkumar, Son of Anandan, aged about 51 years before this Honb'le Court.
For Petitioner : Ms.S.Sowmiya For Respondents : Mr.R.Ravichandran Addl. Public Prosecutor.
O R D E R
(Order of the Court was made by M.VENUGOPAL, J) Heard Ms.R.Sowmya Learned Counsel for the Petitioner and Mr.R.Ravichandran, learned Additional Public Prosecutor for the Respondents 1 and 2.
2. Today, the 2nd Respondent/Inspector of Police, D2 Ambattur Industrial Estate Police, has produced the Petitioner's husband K.A.Rajkumar, Son of Anandan, aged about 51 years.
3. This Court has examined the Petitioner's husband K.A.Rajkumar and he informed this Court that presently he is working as Watchman in V.R. Exports Company, Pitchandipalayam, Tirupur and he is getting a weekly salary of Rs.2,300/- (Rupees two thousand and three hundred only) and from December 2017, he is working in that Company. Further he has stated that in the 1st week of January 2018, he had sent a sum of Rs.4,000/- (Rupees four thousand only) to his family at Madras and again on 16.03.2018, he had sent another sum of Rs.2,500/- (Rupees two thousand and five hundred only) to his family. The Petitioner's husband K.A.Rajkumar also proceeded to state before this Court that he is staying at V.R.Exports Company Hostel meant for employees and he is paying a sum of Rs.
430/- (Rupees four hundred and thirty only) per week towards his food expenses to the said Company. For his stay at the hostel, according to him, he is not paying any amount. He has admitted before this Court that he had taken a loan of Rs.22,00,000/- (Rupees twenty two lakhs only) from M/s.Sundaram BNP Paribas Home Finance Limited before five years back and he is not in a position to repay the same. He informs this Court that he is not desirous of going back to his residence at Madras and to live with his wife and children. Further, he has stated that he is willing to continue his work as Watchman at the V.R. Exports Company, Pitchandipalayam, Tirupur.
4. Considering the fact that the Petitioner's husband K.A.Rajkumar, Son of Anandan, aged about 51 years is produced by the 2nd respondent/Police before this Court and since he is an aged and elderly person, capable of taking decisions on his own, this Court closes the present Habeas Corpus Petition as nothing survives for further adjudication.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Rj To 1.The Commissioner of Police Chennai District Pantheon Road, Egmore Chennai - 600 008
2.The Inspector of Police T-2, Ambattur Industrial Estate Police Station Ambattur Chennai - 600 058 3.The Public Prosecutor, Madras High Court, Chennai.
+1 cc to M/s.Selvam Advocate sr 24662 H.C.P.No.622 of 2018 sai(co) aa11/04/2018