Darling Rajendran v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM H.C.P. No.1264 of 2020 Darling Rajendran .. Petitioner Vs.

1.The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai City.

2.State by The Inspector of Police, All Women Police Station, Thirumangalam, Chennai.

3.Rose Kumar 4.Malliga Rani .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing 2nd respondent herein to produce the body and person of the detenue by name V.A.Rajendran, son of Aundy Perumal, aged about 91 years before this Court, from the illegal custody of the 3rd and 4th respondents and set him liberty.

For Petitioner :

Mr.J.Rajendra Prabu For RR 1 to 2 :

Mr.R.Prathap Kumar, Addl.Public Prosecutor for R3& R4 :

M/s.Madhuri Donti Reddy

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 2nd respondent to produce the detenue namely V.A.Rajendran, son of Aundy perumal, aged about 91 years before this Court and hand over the custody to the petitioner. 2.

Today, Ms.K.Janaki (Mobile No.97907 17005), SubInspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai - 600 101, is present. 3.

It is case of the petitioner that her husband V.A.Rajendran, aged about 91 years, is in the illegal custody of her son Rose Kumar, third respondent herein and daughter-in-law Malliga Rani, fourth respondent herein.

4.

It appears that pursuant to the directions of this Court, the parties were produced via video conference and V.A.Rajendran (detenu) stated he is living on his own volition with his son Rose Kumar, third respondent.

5.

Under such circumstances, it cannot be stated that V.A.Rajendran, aged about 91 years, is in the illegal custody of anyone, for issuance of a writ of habeas corpus. Hence, this habeas corpus petition is closed with liberty to the parties to work out their remedies in the manner known to law.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsn/nsd To 1.The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai City.

2.The Inspector of Police, W-8 All Women Police Station, Thirumangalam, Chennai.

3.The Public Prosecutor, High Court, Madras.

H.C.P. No. 1264 of 2020 jp(co) aa09/04/2021