V.Sanjay v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.886 of 2024 V.Sanjay ... Petitioner Vs.
1.
The Commissioner of Police, 132, EVK Sampath Road, Veppery, Chennai - 600 007.
Inspector of Police, NRI Cell, Ashok Nagar, R3 Police Station, Ashok Nagar, Chennai.
Padmaraj Kumar Ramadorai 4.
O.A.Ramadurai 5.
Vijaya Ramadurai ... 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 the body of
the detenue, Aadith aged 20 years before this Court and from the legal custody of the respondent Nos.3 to 5, and to handover his custody to the legal guardian. For Petitioner : Mr.P.M.Bakthavatsalam For R1 & R2 : Mr.E.Raj Thilak Additional Public Prosecutor For R3 : Mr.G.R.Hari For R4 & R5 : Ms.R.C.Varsha
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The present habeas corpus petition has been instituted seeking a direction to the respondents 1 and 2 to produce the body of the detenue viz., Mr. Aadith aged 20 years before this Court from illegal custody of the respondents 3 to 5. The petitioner is the maternal uncle of the detenue viz., Mr.Aadith. The 3rd respondent is the biological father of the detenue. The 4th and 5th respondents are the paternal grand parents of the detenue.
The learned Counsel appearing on behalf of the petitioner would submit that the mother of the detenue is residing at United States of America. Mr.Aadith was taken out from United States of America by the 3rd respondent without the permission of the Court, which passed an order in favour of the mother of the detenue. It is further contended that the mother of the detenue, who is residing in States may be permitted to visit the detenue viz., Mr.Aadith. 4.
Admittedly, the detenue viz., Mr.Aadith is aged 20 years and a major. His father/3rd respondent and paternal grandparents/respondents 4 and 5 are looking after the detenue. In order to ascertain the fact, the detenue was directed to be present and accordingly, he is present along with his father before this Court. The detenue viz., Mr.Aadith is capable of understanding the questions posed by this Court. In clear terms he answered by stating that he is willing to stay with his father at Chennai. His paternal grand parents are also taking care of him. Even for multiple questions asked by this Court, the detenue able to provide clear answer by stating that he is happy with his father and grand parents and leading a happy life. 5.
In view of the above statement made by the detenue viz., Mr.Aadith
before this Court, we could arrive at irresistible conclusion that there is no illegal detention as such established. Thus, this Habeas Corpus Petition is not entertainable and consequently stands dismissed. [S.M.S., J.] [V.S.G., J.] 09.08.2024 veda Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To 1.
The Commissioner of Police, 132, EVK Sampath Road, Veppery, Chennai - 600 007.
Inspector of Police, NRI Cell, Ashok Nagar, R3 Police Station, Ashok Nagar, Chennai.
The Additional Public Prosecutor, Madras High Court.
S.M.SUBRAMANIAM, J.
AND V.SIVAGNANAM, J.
veda H.C.P.No.886 of 2024 09.08.2024