Dr.S.Kousalya Devi v. The Commissioner Of Police

H.C.P.(MD) No.566 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.566 of 2020 Dr.S.Kousalya Devi ... Petitioner/Daughter of the Detenu -vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, K-Pudur Police Station, Madurai City.

3.Nagendran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to secure N.Subbiah, Son of Nagappa Naidu, aged about 86 years from the illegal custody of the third respondent and produce him before this Court and set him at liberty.

For Petitioner :

Mr.T.Lenin Kumar For Respondents :

Mr.V.Neelakandan 1 and 2 Addl. Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This Habeas Corpus Petition has been filed seeking direction to the respondents 1 and 2 to secure the detenu S.Subbiah, son of Nagappa Naidu, aged about 86 years from the illegal custody of third respondent and to produce him before this Court and set him at liberty forthwith.

2.It appears that the detenu is the father of the Petitioner and her mother A.Padma passed away on 4.6.2020. It is alleged that after the death of her mother, the detenu wanted to live with the Petitioner, however, he was left in the custody of the third respondent and he has not now been provided with proper food and other basic amenities.

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H.C.P.(MD) No.566 of 2020 3.It is the case of the Petitioner that her father is not properly taken care of and he is illegally detained by the third respondent.

4.The detenu appeared before this Court along with the third respondent herein. On enquiry, it is informed that after the demise of his wife A.Padma, the detenu stayed with his another son by name S.Kalyanasundaram at Mayavaram for some-time and now he is residing in his own house. The detenu has also stated that he is not illegally detained by the third respondent. The statement of the detenu is recorded.

5.In the light of the statement made by the detenu, this Habeas Corpus Petition is closed, as no further order is required. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) vsn Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The Commissioner of Police, Madurai City,Madurai.

2.The Inspector of Police, K-Pudur Police Station,Madurai City.

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

ORDER MADE IN H.C.P.(MD) No.566 of 2020 20.08.2020 AP(28/08/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2