IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 21.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.438 of 2017 Vasantha ...Petitioner Vs
1. State rep by The Joint Commissioner of Police, West Zone, Ambattur, Chennai
2. State rep by The Inspector of Police, Mangadu Police Station, Chennai
3. Jeevan Care Centre, No.39/40, Kamatchi Salai, Sri Chakra Nagar, Mangadu, Chennai 0 600 122 . Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ, order or Direction in the nature of a Writ of Habeas Corpus directing the respondents to produce the body of the petitioner's son detenu S. Sathyaraj, aged 30 years, who is kept under illegal custody by the third respondent form 02.03.2017 before this Court and set him at liberty and pass further orders.
For Petitioner : Mr.M. Madhan Kumar For respondents : Mr.V.M.R. Rajendran Addl. Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the mother of one Mr.S. Sathyaraj, aged about 30 years. According to the petitioner, Mr.S. Sathyaraj is illegally detained by the third respondent, which is a De-addiction Centre. Therefore, the petitioner has come up with this Habeas Corpus Petition.
2. On instructions from the second respondent, the learned Additional Public Prosecutor submits that Mr.S. Sathyaraj is a liquor addict and therefore, his wife has admitted the detenu in the third respondent Centre. Now, the detenu is undergoing treatment only in the third respondent Centre. Thus, according to the learned Additional Public Prosecutor, there is no illegal detention at all.
3. The learned counsel for the petitioner would submit that the petitioner is not even permitted to see her son. If granting permission to the petitioner to see her son will not cause any disturbance to the detenu, the third respondent shall permit the petitioner to see her son/detenu. With the above observation, the Habeas Corpus Petition is dismissed.
Speaking Order/non-speaking order Index : Yes/no Internet : Yes/no sr To
1. The Joint Commissioner of Police, State of Tamil Nadu, West Zone, Ambattur, Chennai (S.N.J.,) (A.S.M.J.,) 21-03-2017
2. State rep by The Inspector of Police, Mangadu Police Station, Chennai
3. The Public Prosecutor, High Court, Chennai
S.NAGAMUTHU,J.
And
ANITA SUMANTH,J.,
sr HCP No. 438 of 2017 21-03-2017 http://www.judis.nic.in