S.D.Anitha v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-09-2025
CORAM:
THE HONOURABLE MRS. JUSTICE J. NISHA BANU AND THE HONOURABLE MR. JUSTICE S. SOUNTHAR H.C.P.No.1311 of 2025 S.D.Anitha, W/o R.Krishnakumar ... Petitioner Vs.
1. The Commissioner of Police, O/o The Commissioner of Police, Vepery, Chennai
2. The State rep. by Inspector of Police, All Women Police station S2, Airport Police station, Meenambakkam, Chennai- 600 016.
3. R.Krishnakumr, S/o Rajamanickam ... Respondents PRAYER: The Habeas Corpus Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the person o body of the petitioner's son namely Vihaan, aged about 6 years before this Court and hand over the custody to the petitioner.
For Petitioner : Mr.K.Selvaganapathy
For Respondents : Mr.A.Damodran Additional Public Prosecutor
ORDER
J.Nisha Banu,J.
and S.Sounthar,J This petition has been filed by the mother of the detenue, Vihaan, aged about 6 years, to direct the respondents to produce the person or body of her son, Vihaan, before this Court and hand over custody to the petitioner.
2. By order dated 21.07.2025, this Court granted interim custody of the child with the mother/petitioner herein and the third respondent/father was given liberty to visit his child at the place of the petitioner's house after giving her prior intimation and with a further direction that during such visit, the petitioner shall not cause any obstruction and shall maintain a cordial atmosphere to facilitate a smooth meeting of the father with the child.
3. Admittedly, now the child is under the custody of the mother/petitioner herein. There is an order by this Court, granting liberty to the third respondent/father to visit his child at the place of the petitioner's house after giving prior intimation to the petitioner. The said arrangement shall continue. If the 3rd respondent is aggrieved, he shall go
before the appropriate Forum for his remedy. Accordingly, this Habeas Corpus Petition is disposed of.
(J.NISHA BANU J.) (S.SOUNTHAR J.) vsi 26.09.2025 To
1. The Commissioner of Police, O/o The Commissioner of Police, Vepery, Chennai
2. The Inspector of Police, All Women Police station S2, Airport Police station, Meenambakkam, Chennai- 600 016.
3. The Public Prosecutor, High Court,Chennai
J. NISHA BANU, J.
and S. SOUNTHAR, J.
vsi H.C.P.No.1311 of 2025 26-09-2025