Kilaru Bhagyalakshmi v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-06-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Kilaru Bhagyalakshmi W/o Kilaru Kiran Kumar, No.48A1/629, Raja Nagar 1st Street, Moulivakkam, Porur, Chennai.
..Petitioner(s) Vs
1. The Commissioner of Police O/o. The Commissioner of Police, Commissioner Office Building, No.132, EVK Sampath Road, Vepery, Chennai.
(R1 amended as per the order of this court dated 01.04.2026 in HCP No.568 of 2026 vide memo dated 01.04.2026)
2. The Assistant Commissioner of Police(AC), O/o The Assistant Commissioner of Police(AC), Vadapalani Range, R8 Police Station, 1st Floor, Arcot Road, Vadapalani, Chennai.
3. The Inspector Of Police O/o The Inspector Of Police R8 Police Station, 1st Floor, Arcot Road, Vadapalani Chennai.
4. Ranga Babu S/o Kilaru Vikram,
Concordia Property, Flat No.101, 57, Naidu Street, Avvai Colony, Kotturpuram, Chennai.
..Respondent(s) 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 directing the respondents to produce the petitioner's husband Kilaru Kiran Kumar, aged about 55 years, Son of Kilaru Vikram, who is under the illegal custody of the 4th respondent, before this Honourable Court and set him at liberty.
For Petitioner(s):
Mr.K.Kaushi For Respondent(s):
Mr.C.R.Malarvannan, Counsel For Government Of Tamil Nadu (Criminal Side)for R1 To R3 Mr.Arvind Srevatsa for R4
ORDER
(Made by Dr.Anita Sumanth J.) This habeas corpus petition has been filed by the wife of one Kilaru Kiran Kumar (detenu).
2. The submissions of the learned counsel appearing for the petitioner are that, the petitioner is the legally wedded wife of detenu, who is aged about 55 years. In or around July, 2025, he was taken unwell and R4, who is the elder brother of the detenu had assisted them in securing medical attention. Thereafter, she would allege interference by R4 in their personal matters, including medical and financial affairs of the detenu. Since she had a fracture in December, 2025, she was unable to attended to the detenu's care and when she
contacted the rehabilitation centre where the detenu was being treated, she was told that the detenu had been discharged and was with R4. Hence this habeas corpus petition seeking production of detenu as the petitioner believes that the detenu is under the illegal custody of R4.
3. Counter has been filed by R4 objecting to all the averments in the petition. R4 would submit that he has absolutely no interest in the personal matters of the detenu, financial or otherwise, and is solely concerned with his medical care and well being. The second daughter of the detenu is, in fact, residing with R4 and his family and it is R4, his family and the second daughter of the detenu who are presently attending to the care of the detenu. They have taken a small flat close to their residence for the stay of the detenu and have appointed full time medical support for him.
4. At the hearing on 15.04.2026, we had heard the parties and passed the following order:- "Pleadings are complete.
2. The parties are before the Original Side of this Court in O.P.Sr.No.45155 of 2026 which is a petition filed under Clause 17 of the Letters Patent Act for appointment of guardian for the person and property of Kilaru Kiran Kumar (detenu).
3. The petitioners in that Original Petition will ensure that the assessment of the detenu is made by a competent medical practitioner as required and furnished before that Court in order that the Original Petition may be numbered and brought for hearing expeditiously. That would take care of the aspect of guardianship of the detenu.
4. At the moment, we have given to understand that R4 has identified a studio apartment close to his place of residence and has undertaken the medical and other care of
detenu. This arrangement shall continue for the present. He has also confirmed that there are closed circuit television cameras in that facility. The footage from the CCTV shall be preserved until furthers orders of the Court.
5. As the petitioner wishes to set up the same arrangement in her own residence, let her identify necessary resources / facilities to enable this Court to take a view on this aspect on the next date of hearing.
6. A complete statement of assets and liabilities of the detenu, shall be filed before this Court within a week from today.
7. R4 states that he has contacted the chartered accountant of detenu. The returns of income filed by the detenu under the Income Tax Act, 1961 for the previous five assessment years with complete annexures, duly authenticated by the Chartered Accountant, shall be filed within a week from today.
8. List on 02.06.2026. It is made clear that full liberty is available to the petitioner and older daughter of the detenu to visit the detenu, though after informing R4, as the detenu is presently in his care."
5. All parties are present in Court today.
6. Learned counsel for petitioner would submit that though one visit was made by the petitioner and the elder daughter of the detenu, they were prevented from having access to the detenu thereafter.
7. This does not appear to be entirely correct in that, on hearing the parties, we find that one visit was made by the petitioner and her older daughter and thereafter on account of the non-availability of R4 on a subsequent date, they were unable to visit the detenu on that date. There has been no further or other attempt made by petitioner and the older daughter to visit the detenu.
8. We are convinced that the detenu is best left in the present arrangement where he appears to be receiving proper medical treatment and care. We make it
clear, as we have under our order dated 15.04.2026, that full liberty is always available to petitioner and their older daughter to visit the detenu.
9. Let an email be sent at least a day in advance informing R4 of their intention to visit the detenu and on receipt of such email, R4 shall either be present himself or make necessary arrangements to ensure that their visit is facilitated and shall promptly inform the petitioner of the same.
10. Parties will communicate with each other on the following e-mail ids and telephone numbers.
veekshanakcb@gmail.com 9150731645; 9361251590 rangababuk@yahoo.com thanishkakilaru67@gmail.com 9940044006; 9962085004
10. Under order dated 15.04.2026, we had also indicated that the petitioner may identify necessary resources/facilities to house the detenu should she be so inclined. Today we are informed that the petitioner has made some arrangements in that direction. We are however, not persuaded to alter the present arrangement for the present. Since the petitioner is a party in OP Sr.No. 45155 of 2026, she may place necessary material before the OP Court supporting her interest in caring for the detenu along with proof of resources that she has, to attend to his medical care and rehabilitation. We leave it to the OP Court to take a decision in this matter.
11. R4 will ensure that the OP is numbered and brought up for hearing within two (2) weeks from today and the learned Judge presiding over the OP
Court is requested to take a decision in the matter as expeditiously as possible.
12. An additional typed-set containing some of the income-tax returns of detenu and the details of assets have been placed before us. From what we are able to glean, the immovable properties are:- Immovable Assets:
Item 1: Individual House, situated at 48/A, 1st Cross Street, RajaRajan Nagar, Mowlivakkam, Chennai, Tamil Nadu - 600 116, measuring an extent of 1200 sqft.
Item 2: Land situated at Plot No.9 KG T.Nagar, Goparasanallur Village, Poonamallee Taluk, comprised in Survey No.64/1A measuring an extent of 1838 sqft. Item 3: Flat situated at No.4/A Ram Residency, Sreevari Foundation, Thiru Nagar Annexe, Valasaravakkam, measuring an extent of 850 sqft.
Item 4: Land in Survey No.201, Athanavur Mathura Nilavur Village, Tirupatur Sub Division, Vellore District, Yelagiri, Tamil Nadu - 635 853, measuring an extent of 24000 sqft. Item 5: Land in Survey No.265/2, Mangalam Village, Tirupatur Taluk, Vellore District, Yelagiri, Tamil Nadu - 635 853, measuring an extent of 11772 sqft.
Item 6: Land in Plot No.67 & 68, 75, 76, 77, Kanchikacharla Village, Krishna District, Survey No.604-3C 1-1, measuring an extent of 6035 sqft.
13. There are two fixed deposits with the Tamil Nadu Power Finance and Infrastructure Development Corporation Limited in the detenu's name. That apart, there are two bank accounts and one locker, details of which are as below:- S.No.
Name of the Bank Details HDFC Bank Name : Kilaru Kiran Kumar Account Number : 00241000151844 IFSC Code : HDFC0000024 Branch: No.3, Aroct Road Near La Chatelaine School, Valasaravakkam,
Chennai 600087.
Union Bank of India Name : Kiran Kumar.K Account Number : 001910011006423 IFSC Code : UBIN0800198 Branch : Madras-Ashok Nagar Main Road Branch, 47, First Avenue Chennai Main Road, Chennai - 600 083.
Karur Vysya Bank Name : Tanishk Talkies Account Number : 1213135000002037 IFSC Code : KVBL0001213 Branch : T.Nagar, Chennai - 600 017
14. Status quo shall be maintained qua the immovable properties and the operation of the locker in Karur Vysya Bank for the present. Since we are given to understand that the balances in the HDFC Bank and Union Bank Accounts are not very significant, and in any event, since it is R4 and the second daughter of the detenu who are presently attending to the care of the detenu, we leave these as such. To be noted, the second daughter has a joint holder of bank account bearing No. 00241000151844 in HDFC Bank.
15. Recording the above, this habeas corpus petition is closed. No costs. (A.S.M, J.) (S.M, J.) 02-06-2026 Index: Yes/No Speaking order ssm
To
1. The Commissioner of Police O/o The Commissioner of Police, commissioner Office Building, No.132, EVK Sampath Road, Vepery, Chennai.
2. The Assistant Commissioner of Police O/o The Assistant Commissioner of Police Vadapalani Range, R8 Police Station, 1st Floor, Arcot Road, Vadapalani, Chennai.
3. The Inspector Of Police O/o The Inspector Of Police R8 Police Station, 1st Floor, Arcot Road, Vadapalani Chennai.
4. The Public Prosecutor, High Court, Madras.
DR.ANITA SUMANTH, J.
AND SUNDER MOHAN, J.
ssm 02-06-2026