Kuttiammal v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.09.2019

CORAM

The Honourable Mr.Justice M.M.SUNDRESH and The Honourable Mr. Justice RMT. TEEKAA RAMAN Habeas Corpus Petition No.1851 of 2019 Kuttiammal ... Petitioner / Mother of the detenue .. Vs ..

1. The State rep. by, The Commissioner of Police, Corporation of Greater Chennai, EVK Sampath Salai Vepperi, Chennai - 600 007.

2. The Inspector of Police, S-10, Pallikaranai Police Station, Greater Chennai, Chennai - 100.

3. Dhanalakshmi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to produce the body of petitioner's son Mr.G.Chandrasekar, aged 52 years, detained illegally by the third respondent at the unknown address, to the petitioner before this Court and set him at liberty.

For Petitioner :

Mr.G.Ilamurugu For RR-1 and 2 :

Mr.R.Prathap Kumar Additional Public Prosecutor - - - - -

ORDER

[The Order of the Court was made by M.M.SUNDRESH,J.] This Habeas Corpus Petition is filed by the mother of the detenu seeking a direction to the respondents to produce the body of her son namely, Mr.G.Chandrasekar, aged 52 years, detained illegally by the third respondent at the unknown address, before this Court and set him at liberty.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 and 2.

3. The petitioner and respondent No.3 are present. We have had prolonged discussion with both of them. It is revealed that the detenu, who is the husband of respondent No.3, has been admitted with Nanmayam Life Care Centre, which is a day care Centre, situated at Plot No.62, 4th Cross Street, Farm Grove, Seenivasan Nagar, Kazhippattoor, [OMR], Chennai - 603 103. The husband of respondent No.3 has been admitted in the above said Centre being an alcoholic addict, and he is taking treatment from 05.03.2018 onwards. While the respondent No.3 has stated that the petitioner and her husband have been informed, it is the case of the petitioner that it is not so. We do not propose to go into the said controversy. Respondent No.3 has got no objection for the petitioner and her husband visiting the above said Centre to see their son, who is taking treatment. We also make it clear that the aforesaid Centre shall not give any objection in respect of the visit of the petitioner and her husband as and when required.

4. With the above said observations, the Habeas Corpus Petition shall stand closed, as there was no illegal confinement of the detenu.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Jrl To

1. The Commissioner of Police, Corporation of Greater Chennai, EVK Sampath Salai Vepperi, Chennai - 600 007.

2. The Inspector of Police, S-10, Pallikaranai Police Station, Greater Chennai, Chennai - 100.

3. The Public Prosecutor, High Court, Madras.

Copy to: Nanmayam Life Care Centre, Plot No.62, 4th Cross Street, Farm Grove, Seenivasan Nagar, Kazhippattoor, [OMR], Chennai - 603 103.

+1 cc to M/s.T.S.Gopalan & Co., Advocate, S.R.No.78403 H.C.P.No.1851 of 2019 MR(CO) SSM(20/09/2019)