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Madras High Court

Sudarshan vs State Of Tamilnadu Rep By on 7 January, 2021

Bench: P.N.Prakash, V.Sivagnanam

                                                                        HCP No. 2069 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 07.01.2021

                                                       Coram
                                        The Hon'ble Mr. Justice P.N.PRAKASH
                                                         and
                                       The Hon'ble Mr. Justice V.SIVAGNANAM

                                             H.C.P. No. 2069 of 2020

                     Sudarshan                                           .. Petitioner
                                                        Vs.

                     State of Tamilnadu rep by
                     1.The Commissioner of Police,
                       Greater Chennai Commissionerate,
                       Vepery, Chennai – 600 007.

                     2.The Deputy Commissioner of Police,
                       H-5, New Washermenpet Police Station Campus,
                       Chennai 600 081.

                     3.The Assistant Commissioner of Police,
                       N-1, Royapuram Police Station Campus,
                       Royapuram, Chennai - 600 013.

                     4.The Inspector of Police (L&O),
                       N-1, Royapuram Police Station,
                       Royapuram, Chennai - 600 013.

                     5.The Inspector of Police,
                       W-15 All Woman Police Station,
                       Royapuram, Chennai – 600 013.

                     6.The Inspector of Police,
                       Robertsonpet Police Station,
                       Kolar Gold Fields, Kolar – 563117,
                       Karnataka.

                     7.Sudha                                             .. Respondents

                     Page 1 of 5


https://www.mhc.tn.gov.in/judis/
                                                                            HCP No. 2069 of 2020

                               Petition filed under Article 226 of the Constitution of India
                     praying to issue a writ of habeas corpus directing the respondents to
                     produce the petitioner's children (i) Parishith, S/o.Sudarshan, aged
                     about 11 years and (ii) Rohan, S/o.Sudarshan, aged about 8 years and
                     hand over the custody to the petitioner herein.



                               For Petitioner        ..    Mr.C.Mohanakrishnan

                               For Respondents       ..    Mr.R.Prathap Kumar
                                                           Addl. Public Prosecutor
                                                           for R1 to R5

                                                           Ms.S.Mahalakshmi for R7

                                                         ORDER

[Order of the Court was made by P.N.PRAKASH, J.] Seeking a direction to issue a writ of habeas corpus to the respondents to produce the petitioner's children and to hand over the custody to the petitioner herein, the present habeas corpus petition has been filed.

2. It is the case of the petitioner that his two children (i) Parishith, S/o.Sudarshan, aged about 11 years and (ii) Rohan, S/o.Sudarshan, aged about 8 years are in the illegal custody of the seventh respondent and that the police are not taking any effective steps to secure them.

Page 2 of 5

https://www.mhc.tn.gov.in/judis/ HCP No. 2069 of 2020

3. Today, Ms.R.Manimekalai, Inspector of Police, W15 All Women Police Station, Royapuram, is present. The police have produced Sudha, the seventh respondent herein and the two children.

4. When enquired, Sudha has stated that she is living at No.1170, 5th Cross Road, Pipe Line, Robertsonpet, K.G.F(Kolar Gold Field), Bangalore, Karnataka – 563 122 along with the two children and that she is not in the illegal custody of any one.

5. In view of the above, this habeas corpus petition is closed with liberty to the petitioner to workout the remedy in the manner known to law.

(P.N.P.,J.) (V.S.G.,J.) 07.01.2021 Index: Yes/No ssm To

1.The Commissioner of Police, Greater Chennai Commissionerate, Vepery, Chennai – 600 007.

2.The Deputy Commissioner of Police, Page 3 of 5 https://www.mhc.tn.gov.in/judis/ HCP No. 2069 of 2020 H-5, New Washermenpet Police Station Campus, Chennai 600 081.

3.The Assistant Commissioner of Police, N-1, Royapuram Police Station Campus, Royapuram, Chennai - 600 013.

4.The Inspector of Police (L&O), N-1, Royapuram Police Station, Royapuram, Chennai - 600 013.

5.The Inspector of Police, W-15 All Woman Police Station, Royapuram, Chennai – 600 013.

6.The Inspector of Police, Robertsonpet Police Station, Kolar Gold Fields, Kolar – 563117, Karnataka.

7.The Public Prosecutor, High Court, Madras.

Page 4 of 5

https://www.mhc.tn.gov.in/judis/ HCP No. 2069 of 2020 P.N.PRAKASH, J.

and V.SIVAGNANAM, J.

ssm H.C.P. No. 2069 of 2020 07.01.2021 Page 5 of 5 https://www.mhc.tn.gov.in/judis/