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Madras High CourtHCP/2405/2025dismissed

M.Vasanthakumar v. The Commissioner Of Police

2025-11-20Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.11.2025

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2405 of 2025 M.Vasanthakumar .. Petitioner

Versus

1. The Commissioner of Police Vepery, Chennai - 600 007 2.The Assistant Commissioner of Police K-2, Ayanavaram Police Station Ayanavaram, Chennai

3. The Inspector of Police K-2, Ayanavaram Police Station Ayanavaram, Chennai 4.M.Madan Kumar 5.Shanmugapriya 6.Prathisha 7.The Administrative Officer Regional Medical Board Rajiv Gandhi Government General Hospital Chennai - 600 003 .. Respondents

Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the detenue, Mrs.A.Gunavathy, residing at No.41, Vasanth Garden, 3rd Street, Ayanavaram, Chennai - 600 023 from the custody of the respondents 4 to 6, before this Court and set her at liberty and to permit the petitioner to have the custody of the said Mrs.A.Gunavathy. For Petitioner :

Mr.A.Mohan For Respondents :

Mr.A.Damodaran for R1 to R3 & R7 Additional Public Prosecutor assisted by M.Karthikeyan

O R D E R

(Order of the Court was made by N.SATHISH KUMAR, J.) This petition has been filed directing the respondents 1 to 3 to produce the detenue, Mrs.A.Gunavathy, residing at No.41, Vasanth Garden, 3rd Street, Ayanavaram, Chennai - 600 023 from the custody of the respondents 4 to 6, before this Court and set her at liberty and to permit the petitioner to have the custody of the said Mrs.A.Gunavathy.

2. Admittedly, the petitioner's mother is in the custody of the fourth respondent, who is also one of son of the detenue. The very allegations in the affidavit filed in support of this petition indicate that the petitioner is not happy with certain documents executed by his mother in favour of the fourth respondent. Though the petitioner submits that mother is suffering

from Alzheimer/Dementia, at any event, that cannot be a ground to hold that the mother is in illegal custody. Such view of the matter, it is for the petitioner to work out his remedy before the competent civil court not before this Court.

3. Accordingly, this Habeas Corpus Petition is dismissed. [N.S.K.,J.] [M.J.R.,J.] 20.11.2025 Index: Yes/No dhk To

1. The Commissioner of Police Vepery, Chennai - 600 007 2.The Assistant Commissioner of Police K-2, Ayanavaram Police Station Ayanavaram, Chennai

3. The Inspector of Police K-2, Ayanavaram Police Station Ayanavaram, Chennai N.SATHISH KUMAR, J., AND

M.JOTHIRAMAN, J., dhk 3.The Public Prosecutor Madras High Court.

H.C.P.No.2405 of 2025 20.11.2025