K.Vasugi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN K.Vasugi ... Petitioner Vs.

1.State represented by The Superintendent of Police, Vellore District, Vellore.

2.State represented by The Deputy Superintendent of Police, Vellore District, Vellore.

3.State represented by The Inspector of Police, C1, Vellore Taluk Police Station, Kaniyambadi, Vellore District.

4.L.Padma ... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus to direct the 3rd respondent Police to produce the petitioner's niece namely Ms.S.Lakshmi, aged about 74 years, before this Court from the custody of the 4th respondent and set her at liberty.

For Petitioner :

Mr.R.Sasikumar For R1 to R3 :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This petition is filed by the niece of the detenue namely Ms.S.Lakshmi, aged about 74 years, to direct the 3rd respondent Police to produce the detenue before this Court from the custody of the 4th respondent and set her at liberty.

2.The case of the petitioner is that the detenue is her father's sister and she is also a retired Sub-Judge and that the 4th respondent, who is also a relative to the detenue, with an intention to grab the money of the detenue,

detained her in unknown place without her will and wish. 3.The petitioner appears to have given a complaint, may be after the filing of this petition, and based on the complaint, the Deputy Superintendent of Police, Vellore, appears to have conducted an enquiry. When the detenue was present before the Sub-Inspector of Police, Kaniyambadi Police Station, Vellore District, it appears that the petitioner was also called for the enquiry. However, for reasons best known to the petitioner, she did not appear. Now, the petitioner prays that the detenue should be produced before this Court.

4.It is also brought to the notice of this Court that the detenue has addressed a letter to the Sub-Inspector of Police on the date when she was present in the Police Station, to the effect that she is living with one Padmavathi, the 4th respondent, who is none other than the daughter of her sister. She appears to have stated before the Police that she is living with the 4th respondent on her own and that she is not in illegal custody.

5.In these circumstances, this Court is unable to entertain this petition. As a result, this Habeas Corpus Petition is dismissed. (S.S.S.R., J.) (S.M., J.) 10.10.2023 mkn Internet : Yes Index : Yes / No To 1.The Superintendent of Police, Vellore District, Vellore.

2.The Deputy Superintendent of Police, Vellore District, Vellore.

3.The Inspector of Police, C1, Vellore Taluk Police Station, Kaniyambadi, Vellore District.

4.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mkn 10.10.2023