D.Loganathan v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.04.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN H.C.P.No.2497 of 2020 D.Loganathan .. Petitioner Vs.

1.The Commissioner of Police Chennai City Chennai 2.State rep. by The Inspector of Police T-1, Ambattur Police Station Chennai-53 .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the 2nd respondent to produce the petitioner's minor children viz., L.Kaviya, aged 13 years and Jai Vidyut, aged 9 years before this Hon'ble Court and hand over to the petitioner. For Petitioner : Mr.L.K.Charles Alexander For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] On 26.04.2021, this Court passed the following order : "In this petition, the petitioner seeks production of his two minor children viz. Kaviya, aged 13 years and Jai Vidyut, aged 9 years, before this Court and hand over their custody to him.

2. Today, the petitioner's wife viz. Kaladevi appeared via video conferencing along with her advocate Mr.Sebastian (Enrolment No.39/2000, Mobile No.91768 28834) and she stated that she is living in a ladies hostel with her two children.

3. Therefore, she is directed to file a detailed affidavit, setting out her place of residence, mobile number, aadhaar number, place of residence of the two children, the place of studying of the two children and all other details before this Court, after serving a copy of the same on the learned counsel for the petitioner.

Post this matter on 29.04.2021."

2. Today, Kaladevi is present with her counsel via video conferencing. She has filed an affidavit dated 28.04.2021, wherein, she has made certain allegations about the petitioner, about which, we are not concerned. However, she has given the particulars regarding the place of her stay and other details which are as under :

"4. It is submitted that presently I am working as Telecaller in RM Consultancy, No.2, Vadivelumudali Street, Venkatapuram, Hostel, No.39, Pannerselvam Street, Vijayalakshmipuram, Ambattur, Chennai-53, along with my two children. The daughter Kaviya aged about 14 years is now studying in 8th standard at Pasumpon Aacini Matric and Higher Secondary School, Ambattur, Chennai 600 053 and the son Jai Vidhyuth aged about 9 years, is studying 4th standard in the same School. I have filed bonafide certificates issued by the school authority and our Aadhaar cards, to prove our identity. My mobile number is 99520 09350 for contact."

Recording the same, this Habeas Corpus Petition is closed, with liberty to the parties to work out their remedies in the manner known to law.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar gya

To 1.The Commissioner of Police Chennai City Chennai 2.The Inspector of Police T-1, Ambattur Police Station Chennai-53 3.The Public Prosecutor High Court, Madras H.C.P.No.2497 of 2020 JPL(CO) GMY(07/07/2021)