MARY NAVEENA PREMKUMAR Vs. COMMISSIONER OF POLICE CHENNAI

JUDGEMENT

(1.) The petitioner has filed this petition on the apprehension that her mother namely, 'Ms.Sheeba' [hereinafter 'absentee' for the sake of convenience and clarity] aged about 73 years is in illegal detention at the hands of the fourth respondent.

(2.) In the affidavit, it is averred that the petitioner had earlier instituted a civil suit against her husband on behalf of her son for alienating joint family property. Since the petitioner is working in Australia, she has given power of attorney to the absentee to conduct the case on her behalf. Thereafter, the brother of the petitioner's husband threatened the petitioner and the absentee. A complaint was lodged with the Inspector of Police, Kilpauk on 14/2/2022 but no FIR has been registered. Thereafter, an anonymous complaint has been addressed to Australian Human Rights Commission and Department of Social Services which was received by the petitioner alleging that she had ill-treated the absentee and this complaint was at the instance of her husband's brother. On 17/2/2023, the absentee was found missing. The absentee informed that she is proceeding to a Church at Arakkonam but she had not reached the church and later a complaint was lodged with the third respondent police through on-line on 25/2/2023. Thereafter, on 1/3/2023, the fourth respondent sent a letter making false allegations for which appropriate steps have been taken to refute the same. Further, the learned counsel reiterates that the letter of the fourth respondent would prove that the absentee is in illegal custody and her life is under threat.

(3.) Mr.R.Muniyapparaj, learned Additional Public Prosecutor who accepted notice on behalf of respondents 1 to 3 (official respondents) produced a case diary, in which, statement of the absentee recorded on 16/3/2023 running to four pages is available. On a perusal of the same, in penultimate page, it is recorded as follows :