Rajakumari v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MS.JUSTICE R.POORNIMA Rajakumari ... Petitioner Vs.

1.The Superintendent of Police, Trichy District.

2.The Inspector of Police, Samayapuram Police Station, Trichy District.

3.A.Newton 4.J.Anabayan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the second respondent to produce the person or body of the petitioner's Husband, namely, Baskaran, S/o.Santhanam aged about 65 years before this Court and entrust the custody of the petitioner's husband, who is mentally ill to the petitioner.

For Petitioner :

Mr.K.Sivabalan for M/s.Aran Legal Consultancy For Respondents :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1 & R2 Mr.V.Illanchezhiyan for R3 Mr.S.Prabhu for R4

ORDER

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

The Habeas Corpus Petition is filed by the petitioner alleging that her husband, namely, Baskaran, S/o.Santhanam aged about 65 years, Ex-Serviceman is under the illegal custody of the third respondent, namely, A.Newton. It is also alleged that the third respondent misused the particulars of her husband and availed bank loan without his knowledge and consent. It is further alleged in the writ petition that the petitioner though being the wife of the detenu is not allowed to meet her husband by the fourth respondent - Home on the instructions of the third respondent.

2. To ascertain whether there is any truth in the allegations, the second respondent was directed to produce the detenu, who is taking treatment in fourth

respondent - Home and also directed the fourth respondent - Home to permit the petitioner to meet her husband at Home whenever she wishes.

3. Today, the detenu as well as the petitioner are present. The petitioner is satisfied that she has been permitted to meet her husband. As far as the grievance regarding the alleged loan availed by the third respondent in the name of the petitioner's husband is concerned, in this regard, it appears that already a complaint has been given to the Police. It is between the Police and the petitioner. Law will take its own course and this Court is not inclined to make any opinion on that allegations. Being satisfied that the husband of the petitioner is taken care by the fourth respondent - Home and that the petitioner's husband is comfortable in that Home, the Habeas Corpus Petition is disposed of with a direction to the fourth respondent - Home to permit the petitioner to meet her husband whenever she requires.

[G.J., J.] & [R.P., J.] 11.03.2025 NCC : Yes / No Index : Yes / No mbi

To 1.The Superintendent of Police, Trichy District.

2.The Inspector of Police, Samayapuram Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.G.JAYACHANDRAN, J.

R.POORNIMA , J.

mbi 11.03.2025