1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P(MD)No.578 of 2011 and M.P.(MD)No.1 of 2011 M.Amsarajan .. Petitioner vs. 1.The Inspector General of Police, South Zone, Madurai. 2.The Superintendent of Police, Madurai District, Madurai. 3.The Superintendent of Central Prison, Central Prison Campus, Madurai. 4.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District. 5.C.Muthu Mani 6.M.Valarmathi .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the 1st, 2nd and 4th respondents to produce the body and person of the detenu A. Sai Harish (7 years old), petitioner's son before this Court and further direct the respondent to hand over custody of the detenue to his grand mother M.Chintmnimmal. For petitioner : Mr.P.Pethu Rajesh For respondents 1 to 4: Mr.C.Ramesh, Additional Public Prosecutor For respondents 5 & 6: Mr.S.Mahendrapathy ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J) The petitioner is the father of the detenu - A. Sai Harish, aged about 7 years old. The petitioner lodged a complaint before the respondent police alleging that the detenu https://hcservices.ecourts.gov.in/hcservices/ 2 is under illegal custody of the respondents 5 and 6, who are the father-in-law and mother-in-law of the petitioner/ maternal grandparents of the detenu. Since there was no proper response, he has filed the present Habeas Corpus Petition. 2. The detenu is 7 years old. Now, he is under the custody of the maternal grandparents of the detenu. The petitioner is a life convict. The wife of the petitioner was murdered on 25.8.2008. The above mentioned fourth respondent had registered a case in Crime No.377/2008 and the petitioner was also arrayed as accused in the said Crime. The Additional Sessions Judge, Fast Track Court No.1, Madurai has convicted the petitioner for life imprisonment in S.C.No.63 of 2009 by judgment dated 7.11.2009. Aggrieved by that order, the petitioner filed Criminal Appeal before this Court in C.A.(MD) No.388 of 2009. This Court confirmed the judgment of the trial Court. Therefore, the petitioner has been lodged at Central Prison, Madurai. 3. On 20.9.2011 when the matter came up for hearing, the learned counsel appearing for the petitioner requested the Court to issue a suitable direction to the prison authorities to bring the petitioner before this Court so that the petitioner can see his son/the detenu and interact with him. After hearing the learned Additional Public Prosecutor, the third respondent was directed to produce the petitioner who is undergoing imprisonment in the Central Prison, Madurai before this Court today at 11.00 a.m.,. Accordingly, the petitioner was produced today before this Court and the detenu was present in the Court. The petitioner wanted to interact with the detenu/his son. However, the detenu refused to see his father/the petitioner even though the petitioner tried to talk with him. 4. After considering the above facts and circumstances, we are of the view that nothing survives for consideration in this petition as the detenu is only under the custody of his grandparents and also he is unwilling to interact with the petitioner and he wants to go only with his grandparents. At this juncture, learned counsel appearing for the petitioner requested the Court that the petitioner may be given liberty to approach the appropriate forum for the appropriate remedy. Liberty is given to the petitioner to move the appropriate forum to avail proper remedy in accordance with law if he is so advised. Accordingly, the Habeas Corpus Petition is disposed of. The connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Inspector General of Police, South Zone, Madurai. 2.The Superintendent of Police, Madurai District, Madurai. 3.The Superintendent of Central Prison, Central Prison Campus, Madurai. 4.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +One CC to Mr.P.Pethu Rajesh, Advocate, SR.No.32995 asvm rl/7c – 28.10.2011 H.C.P(MD)No.578 of 2011 and M.P.(MD)No.1 of 2011 23.09.2011 https://hcservices.ecourts.gov.in/hcservices/