R.Balamani v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.1273 of 2020 R.Balamani ... Petitioner Vs 1.The State, Represented by, The Superintendent of Police, Office of the Superintendent of Police, Thiruvallur District.

2.The State, Represented by, The Inspector of Police, Pattabiram Police Station, Thiruvallur District.

3.Daisy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus directing the 2nd respondent to produce the petitioner's son R.Nagarajan, aged about 47 years before this Court, who is now in the illegal detention and custody of the 3rd respondent herein and set him liberty.

For Petitioner : Mr.D.Senthil Kumar.

For Respondents: Mr. R. Prathap Kumar, Additional Public Prosecutor.

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference". 2.The Petitioner has filed this petition stating that her son is in illegal custody of the third respondent.

3.On 07.08.2020, when the matter was called, it was brought to the notice of this Court that petitioner's son viz., Mr.R.Nagarajan has been admitted in rescue foundation which is in Poonamallee High Road, Avadi by his wife viz., the third respondent herein who is a police constable, for deaddiction and he has been under treatment from July onwards. 4.When the matter is called today, the Inspector of Police, Pattabiram Police Station and third respondent and her husband viz., the detenu, Mr.R.Nagarajan are present before this Court through Video Conference. The Petitioner was also present before this Court through Video Conference and submitted that she had recently visited her son.

5.It is informed that the detenu is getting discharged from the rescue foundation after treatment and would stay along with his mother who is the petitioner. Therefore, the third respondent was also advised to go and stay with her mother in law and her husband. From the above, it is clear that only for the treatment of deaddiction, the detenu has been admitted in the rescue foundation and there is no illegal custody. 6.Recording the above statements, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Thiruvallur District.

2.The Inspector of Police, Pattabiram Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras, Chennai.

H.C.P.No.1273 of 2020 ssd[co] srg 22/10/2020