Madras High Court
M.Vellaisamy vs The Director General Of Police on 28 January, 2020
Author: R.Subbiah
Bench: R.Subbiah, R.Pongiappan
H.C.P.No.174 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
H.C.P.No.174 of 2020
M.Vellaisamy .. Petitioner
Vs.
1. The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai-4.
2. The Inspector General of Police,
West Zone,
No.249, Race Course Road,
Coimbatore-641 018.
3. Mr.Arularasu,
presently working as
Superintendent of Police,
Namakkal District.
4. Mr.Gandhi,
Presently working as
Deputy Superintendent of Police,
Namakkal District.
5. Mr.Kailasam,
The Inspector of Police,
Paramathy-Vellore,
Namakkal District.
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H.C.P.No.174 of 2020
6. Mr.Lakshman Kumar,
The Inspector of Police,
Salem Town Police Station,
Salem.
7. Mr.Durai,
who is working as
Bench Clerk,
Hon'ble Principal District & Sessions Judge,
Namakkal
(Residing address not known to petitioner)
8. Chitra
9. Kamalam
10. Shamsuddin
11. Natarajan ..
Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Habeas Corpus to direct the respondents 1 and
2 to cause the production of the body or person of four children, namely
(a)Vijayakumar, S/o M.Vellaisamy, Hindu, aged about 13 years, (b) Vijayaraj, S/o
M.Vellaisamy, Hindu, aged about 12 years, (c) Vijayanand, S/o M.Vellaisamy,
Hindu aged about 10 years, (d) Ponnershankar, S/o M.Vellaisamy, Hindu, aged
about 8 years, before this Honourable Court and hand over custody to the
petitioner.
For petitioner : Mr.M.Vellaisamy, Party-in-person
For respondents: Mr.R.Prathap Kumar, Addl.P.P. for RR-1 and 2
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H.C.P.No.174 of 2020
ORDER
(The Order of the Court was made by R.Subbiah,J) This Habeas Corpus Petition is filed by the petitioner praying for issuance of a Writ of Habeas Corpus to direct the respondents 1 and 2 to cause production of the body or person of his four children, namely (a)Vijayakumar, S/o M.Vellaisamy, Hindu, aged about 13 years, (b) Vijayaraj, S/o M.Vellaisamy, Hindu, aged about 12 years, (c) Vijayanand, S/o M.Vellaisamy, Hindu aged about 10 years, (d) Ponnas Shankar, S/o M.Vellaisamy, Hindu, aged about 8 years, before this Court and hand over their custody to the petitioner.
2. The detenus are the children of the petitioner. The case of the petitioner is that the petitioner's elder daughter-Vijayakala and younger son- Sabarinathan were kidnapped earlier during 2017 by the respondents 8 to 11. The eighth respondent is the wife of the petitioner. The ninth respondent is the mother-in-law of the petitioner. The petitioner was doing cement agency business in his village. On 23.11.2017, the respondents 9 to 11 came to the petitioner's village at Manapparai Taluk and his wife, elder daughter and last son Sabarinathan had been abducted from the petitioner. The petitioner has initiated legal proceedings by lodging a criminal complaint which was registered in FIR Crime No.613 of 2018 against the respondents 8 to 11 at Paramathy Vellore Page No.3/6 http://www.judis.nic.in H.C.P.No.174 of 2020 Police Station, for the offences under Sections 341, 342, 506(ii) and 379 IPC, which is under investigation by the Inspector of Police, Paramathy Vellore Police Station, Namakkal District. Further, on 08.07.2019, the petitioner along with four children, were awaiting in the Court premises at Combined Court Buildings at Namakkal for giving complaint to the Principal District Judge, Namakkal in a criminal case, against the petitioner's wife, mother-in-law and others, with regard to the earlier occasion of kidnapping his two children, namely Vijayakala and Sabarinathan, elopement and theft of petitioner's money and jewels. At that time, the seventh respondent, along with Police personnel, had snatched money from the petitioner and kidnapped the petitioner's four children forcefully, and from that place in the Court campus, the detenus were taken away to Police Station, and the detenus were kidnapped in a Police jeep and the Police officials got the complaint from the seventh respondent/Court staff, based on which, the petitioner was remanded to prison on 08.07.2019 and he was in jail till 10.10.2019. Since the detenus were kidnapped as stated above and had not been returned to the petitioner, he is before this Court by way of the present Habeas Corpus Petition for the relief stated supra.
3. When the Habeas Corpus Petition is taken up for consideration, the petitioner and his wife are present and the detenus have also been produced. The petitioner's wife submitted that unable to tolerate the harassment of her husband (petitioner), she took the custody of the detenus/children, who are with Page No.4/6 http://www.judis.nic.in H.C.P.No.174 of 2020 her. When the detenus/children of the petitioner were staying in the custody of the petitioner (husband), they were not even sent to School and that now, the wife of the petitioner is giving education to them.
4. We have also enquired the detenus-children, who have expressed their unwillingness to go along with the petitioner (father).
5. In view of the above, we find no illegal detention of the detenus. They are set at liberty forthwith. If the petitioner so desires to have the custody of the detenus/children, he can work out his remedy before appropriate forum.
6. With the above observations, the Habeas Corpus Petition is closed.
(R.P.S.J) (R.P.A.J)
28.01.2020
Speaking Order: Yes
cs
To
1. The Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore, Chennai-4.
2. The Inspector General of Police,
West Zone,
No.249, Race Course Road, Coimbatore-641 018.
3. The Public Prosecutor, High Court, Madras.
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