M.Pappathi v. The Superintendent of Police

ORDER [Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed to direct the respondents 1 to 3 to produce the body or person of the detenue namely Renganayaki aged about 25 years niece of the petitioner's before this Court and set her at liberty forthwith.

2.Though such a prayer was sought for by the petitioner, the learned counsel for the petitioner has submitted that now it has been revealed that the detenue has been taking treatment for her psychiatric problem at M.S.Chellamuthu Trust and Research Foundation, Madurai and in this regard till the treatment is over, the petitioner or anybody cannot disturb the detenue, but at the same time, when the petitioner made an attempt to see the detenue to enquire about her well-being, even that was not permitted by the trust people and therefore, if a permission to visit the detenue once in a week is given, that would suffice to the petitioner.

¶3In this regard, the learned Additional Public Prosecutor would 2/5Page 2 of 5

submit that already the petitioner has given a written statement on

04.03.2023 stating that she will not disturb the treatment being given to the detenue and after completion of the treatment, she will take steps through the legal course to get the custody of the detenue in accordance with law.

¶4In view of the said stand taken by the petitioner and having taken note of the present statement made by the learned counsel for the petitioner, this Court is inclined to dispose of this petition with the following direction: "that there shall be a direction to the respondents to ensure the safe visitation of the petitioner to the said Trust, where the detenue is taking treatment, once in a week till the treatment is completed. After the treatment is over, it is open to the petitioner to work out her remedy with regard to the custody or otherwise of the detenue in the manner known to law."

(R.S.K.,J.) (K.K.R.K.,J.)

02.06.2023 Internet : Yes RR 3/5Page 3 of 5

To

1.The Superintendent of Police Virudhunagar District Virudhunagar

2.The Assistant Superintendent of Police, Sivakasi Circle, Sivakasi

3.The Inspector of Police, Sivakasi East Police Station, Sivakasi.

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

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R.SURESH KUMAR,J. and K.K.RAMAKRISHNAN,J. RR

H.C.P.(MD)No.609 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2023 CORAM The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.609 of 2023 M.Pappathi .. Petitioner / Aunt of the detenue Vs. 1.The Superintendent of Police Virudhunagar District, Virudhunagar 2.The Assistant Superintendent of Police, Sivakasi Circle, Sivakasi 3.The Inspector of Police, Sivakasi East Police Station, Sivakasi. ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the respondents 1 to 3 to produce the body or person of the detenue namely Renganayaki aged about 25 years niece of the petitioner's before this Court and set her at liberty forthwith. For Petitioner : Mr.B.Ashokkumar For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor 1/5Page 1 of 5