Disposed¶31

Rajakumari v. The State of Tamilnadu

Madras HC11 Mar 2025HCP(MD)/158/2025

Case brief

AI extract

What is this about?

Writ of Habeas Corpus, Madras High Court Madurai Bench, H.C.P.(MD)No.158 of 2025, decided 11.03.2025 by Dr.Justice G.Jayachandran and Ms.Justice R.Poornima. Elderly ex-serviceman detenu alleged illegally detained by private third respondent; found comfortably residing in fourth respondent Home; disposal with visitation direction for petitioner-wife; alleged bank-loan misuse complaint referred to police process, Court expressing no opinion.

What did the court decide?

Direction to the fourth respondent - Home to permit the petitioner to meet her husband whenever she requires. ¶31

Rajakumari Vs The State of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

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H.C.P.(MD)No.158 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.03.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND

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THE HONOURABLE MS.JUSTICE R.POORNIMA

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H.C.P.(MD)No.158 of 2025

Rajakumari

... Petitioner

Vs.

1.The Superintendent of Police, Trichy District.

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2.The Inspector of Police, Samayapuram Police Station, Trichy District.

3.A.Newton

4.J.Anabayan

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the second respondent to produce the person or body of the petitioner's Husband, namely, Baskaran, S/o.Santhanam aged about 65 years before this Court and entrust the custody of the petitioner's husband, who is mentally ill to the petitioner.

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https://www.mhc.tn.gov.in/judis

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Page 1 of 5

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H.C.P.(MD)No.158 of 2025

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For Petitioner : Mr.K.Sivabalan for M/s.Aran Legal Consultancy For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1 & R2 Mr.V.Illanchezhiyan for R3 Mr.S.Prabhu for R4

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ORDER

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DR.G.JAYACHANDRAN, J. AND

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R.POORNIMA , J.

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The Habeas Corpus Petition is filed by the petitioner alleging that her husband, namely, Baskaran, S/o.Santhanam aged about 65 years, Ex-Serviceman is under the illegal custody of the third respondent, namely, A.Newton. It is also alleged that the third respondent misused the particulars of her husband and availed bank loan without his knowledge and consent. It is further alleged in the writ petition that the petitioner though being the wife of the detenu is not allowed to meet her husband by the fourth respondent - Home on the instructions of the third respondent.

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To ascertain whether there is any truth in the allegations, the second respondent was directed to produce the detenu, who is taking treatment in fourth

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.158 of 2025

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respondent - Home and also directed the fourth respondent - Home to permit the petitioner to meet her husband at Home whenever she wishes.

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Today, the detenu as well as the petitioner are present. The petitioner

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is satisfied that she has been permitted to meet her husband. As far as the grievance regarding the alleged loan availed by the third respondent in the name of the petitioner's husband is concerned, in this regard, it appears that already a complaint has been given to the Police. It is between the Police and the petitioner. Law will take its own course and this Court is not inclined to make any opinion on that allegations. Being satisfied that the husband of the petitioner is taken care by the fourth respondent - Home and that the petitioner's husband is comfortable in that Home, the Habeas Corpus Petition is disposed of with a direction to the fourth respondent - Home to permit the petitioner to meet her husband whenever she requires.

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[G.J., J.] & [R.P., J.] 11.03.2025

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NCC : Yes / No Index : Yes / No mbi

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.158 of 2025

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