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Madras High CourtHCP/1902/2018dismissed

M.Saraswathi, 78 Years, v. The Commissioner Of Police,

2018-10-03Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.1902 of 2018 M.Saraswathi W/o.Late N.Murugaiyan .. Petitioner Vs.

1.The Commissioner of Police, Chennai City, Chennai.

2.

The Assistant Commissioner of Police, Korattur, Chennai.

3.

The Inspector of Police, Law & Order, Korattur Police Station, Chennai.

4.

S.Sathish Kumar S/o.Siva Kumar 5.

S.Thilagavathy 6.

Balaji .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 herein to produce the body and person of M.Somasundaram aged 53 years son of Murugaiyan, Mrs.S.Jeyanthi aged 44 years wife of M.Somasundaram, Ms.Rathi Rupa aged 20 years & Minor Suba aged 15 years both daughters of M.Somasundaram from the illegal custody of respondents 4 to 6 herein before this Honble Court and set them at liberty. For Petitioner :

Mr.A.Mohamed Ismail For Respondents :

Mr.M.Mohamed Riyaz Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

O R D E R

[Order of the Court was made by C.T.SELVAM, J.] Petitioner, who is the mother of the detenu viz., M.Somasundaram aged 53 years, son of Murugaiyan, Mrs.S.Jeyanthi aged 44 years wife of M.Somasundaram, Ms.Rathi Rupa aged 20 years & Minor Suba aged 15 years both daughters of M.Somasundaram sought production of her son, daughter-in-law and grand children.

2. Heard learned counsel for petitioner as also learned Additional Public Prosecutor for respondents 1 to 3.

3. Petitioner is present before this Court. She is accompanied by her son M.Asokan, aged 56 years, working as Deputy Director, Agricultural Department, Chepauk.

4. Finding much wrong in the persistence in the present petition by the petitioner despite being informed of this Court's inclination to direct payment of costs as on earlier occasion the defence has been produced pursuant to orders of this Court, this Court desists from imposing costs taking into consideration the age of the petitioner, reiterating our earlier order dated 25.09.2018, this petition shall stand dismissed. Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar kmi To:

1.The Commissioner of Police, Chennai City, Chennai.

2.The Assistant Commissioner of Police, Korattur, Chennai.

3.

The Inspector of Police, Law & Order,Korattur Police Station, Chennai. 4.The Public Prosecutor,High Court, Madras.

+1cc to M/s.P.B.Ramanujam, Advocate SR.No.68057 H.C.P.No.1902 of 2018 RSK(CO) GMY(30/10/2018) https://hcservices.ecourts.gov.in/hcservices/