M.Rani v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.515 of 2025 M.Rani ... Petitioner/ Mother of the detenue -Vs1.The State of Tamilnadu Rep by The Superintendant of Police, Kanyakumari District.
2.The Inspector of Police, Karungal Police Station, Kanyakumari District.
... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the the respondents to recover and produce the body or person who is the son of the petitioner by name S.Dinesh, aged about 47 years old, before this Court, who is illegally detained and set him as liberty.
For Petitioner : Mr.Bergeena Cenil For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition has been filed by the petitioner directing the respondents to recover and produce the body or person who is the son of the petitioner by name S.Dinesh, aged about 47 years old, before this Court, who is illegally detained. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 3.The case of the petitioner is that the petitioner's son got married to one T.Josbin Amala and due to the wedlock, they were blessed with two children. Further, it is averred that there was matrimonial discord between the petitioner's son and her daughter-in-law. While so, the petitioner had received a message that her son was admitted in the mental hospital and thereby, she asked her daughter and son-in-law to visit her son, who was admitted in the hospital. During such enquiry, her son informed that without any reason, he was forcibly taken and admitted in the mental hospital with the help of 5 rowdy elements by tying the legs and hand strongly with rope.
4.The petitioner admitted that she contacted the hospital where her son was admitted, but there was no proper response from the hospital management,
which also created great suspicious and thereby the petitioner apprehending risk to the life of her son has sent a representation to the first respondent on 22.04.2025. Since no action was taken by the first respondent, the present Habeas Corpus Petition is filed.
5.Pursuant to the issuance of notice, the alleged missing person Dinesh, S/o.Stanislaus, is produced before this Court. On interacting with him, he submitted that his wife had forcibly admitted him in Shadithya Hospital, Pallavaram, Chennai, with the help of henchmen and that now, he has been secured by his mother and now he is in the custody of his mother, sister and brother-in-law. He expressed his willingness to go along with his sister and brother-in-law. Further, he submitted that he was admitted in the hospital by his wife against his wish with the help of henchmen. 6.Recording the aforesaid submission and finding that the alleged detenue is not under any illegal detention, this Habeas Corpus Petition stands closed.
[A.D.J.C., J.] & [R.P., J.] 04.06.2025 NCC:Yes/No Index:Yes/No Ns
A.D.JAGADISH CHANDIRA , J.
AND R.POORNIMA , J.
Ns To 1.The State of Tamilnadu Rep by The Superintendant of Police, Kanyakumari District.
2.The Inspector of Police, Karungal Police Station, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P(MD)No.515 of 2025 04.06.2025