A.M.Mohammed Nazir v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN A.M.Mohammed Nazir ... Petitioner Vs.

1.The Deputy Commissioner of Police, St.Thomas Mount, Butt Rd, Ramapuram, Nazarethpuram, Gandhi Nagar, Chennai - 600 089.

2.The Assistant Commissioner of Police, Madipakkam Range, 13, Big St, Arulmurugan Nagar Extension, Ranga Nagar, Keelkattalai, Chennai - 600 117.

3.The Inspector of Police, S-8 Adambakkam Police Station, No.1, 1st Street, New Colony Main Rd, Adambakkam, Chennai - 600 088.

4.Mujibur Rehman ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Habeas Corpus, directing the 3rd respondent to produce the petitioner's father namely A.M.Mohamed Ali Zinna, aged 83 years, before this Court from the custody of the 4th respondent and set him at liberty.

For Petitioner : Mr.A.Arun Kumar For R1 to R3 : Mr.E.Raj Thilak, Additional Public Prosecutor For R4 : Mr.P.Anujapathy

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The petitioner and the fourth respondent are the sons of one A.M.Mohammed Ali Zinna, who is aged about 83 years. Claiming the custody of the petitioner's father with the fourth respondent as illegal, the present Habeas Corpus Petition has been filed.

2. Pending the Habeas Corpus Petition, the third respondent herein had conducted an inquiry and had recorded the statement of the petitioner's father.

3. On a perusal of the said statement, we are appraised of the fact that the detenue has expressed his willingness to stay with the fourth respondent herein and has also no objection staying in the care and protection of the petitioner.

4. In view of the statement of the petitioner's father, we do not claim this to be a case of illegal or unlawful custody. However, by taking into account the fact that the detenue is the father of the petitioner, we hereby grant liberty to the petitioner, to visit his father at the premise of the fourth respondent herein, as and when he wishes to. During such time, the fourth respondent or his family members shall not create any kind of disturbance so as to deprive him of visiting his father.

5. With the above observation, the Habeas Corpus Petition stands closed. No costs.

[M.S.R, J.] [V.L.N, J.] 04.06.2025 Index: Yes/No Speaking order/Non-speaking order Sni

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN, J.

Sni To 1.The Deputy Commissioner of Police, St.Thomas Mount, Butt Rd, Ramapuram, Nazarethpuram, Gandhi Nagar, Chennai - 600 089.

2.The Assistant Commissioner of Police, Madipakkam Range, 13, Big St, Arulmurugan Nagar Extension, Ranga Nagar, Keelkattalai, Chennai - 600 117.

3.The Inspector of Police, S-8 Adambakkam Police Station, No.1, 1st Street, New Colony Main Rd, Adambakkam, Chennai - 600 088.

4.The Public Prosecutor, High Court, Madras.

04.06.2025