S. Tamilvanan, J.

1. This Habeas Corpus Petition has been filed by the petitioner, seeking an order, directing the first respondent police to produce the body of the mother of the petitioner, Mrs. Sarah Thomas, aged about 39 years, who is illegally detained, before this Court and set her at liberty.

2. The petitioner has averred in his affidavit that his mother, Mrs. Sarah Thomas, who has been working in Dubai for more than 10 years, use to visit him in India and holding valid passport in Passport No. K0895902, which was renewed on 20.10.2011. The petitioner further submits that his mother, had come from Dubai on 29.10.2014, by Emirates Airways and landed at Chennai Airport along with her office colleagues to attend the marriage of one of their company staff, Nagraj Natarajan at Madurai, slated to be held on 30.10.2014, for which, she had booked flight ticket from Chennai to Madurai. The flight timing from Chennai to Madurai was at 10.30 a.m. However, immediately on her arrival, she was questioned by Emigration Officials and during the enquiry, she was told that she need to be interrogated and in view of the said interrogation, she and her colleagues cancelled the Flight and booked another flight, which was scheduled to be at 2.30 p.m. on the said date and were also waiting for clearance by the Emigration.

3. It is further stated that instead of releasing his mother after interrogation, the Emigration Officials alerted the first respondent Police in connection with some look out notice issued by the second respondent police in respect of a woman carrying almost a similar name as that of his mother and based on the information given by the Emigration Officials, the first respondent police, without getting proper verification from the second respondent Police, arrested Mrs. Sarah Thomas, mother of the petitioner, for which an F.I.R. was registered in Crime No. 177 of 2014 under Section 41(1)(g) of Cr.P.C. and then she was produced before the Judicial Magistrate, Alandur, who in turn remanded her to custody till 31.10.2014 for identification by the second respondent police, and then she was sent to Central Prison, Puzhal.

4. The petitioner immediately made a thorough search in the Internet and able to find out a look out notice issued by the second respondent Police in respect of a woman by name 'Saramma Thomas Sara Williams' belonging to Kerala. The passport of the petitioner's mother carries all the details and the said look out notice seems to have been issued by the second respondent way back on 24th October 2009. The petitioner further submits that his mother has visited Chennai even on the previous month to see her son, the petitioner herein and during her earlier visits, no such interrogation had taken place. However, all of a sudden, on 29.10.2014, she was illegally detained by the first respondent police on a mistaken identity. Hence, the petitioner has approached this Court with this petition, seeking for the relief as stated supra.

5. Learned counsel appearing for the petitioner submits that there was infringement of the fundamental rights, as personal liberty guaranteed under Article 21 of the Constitution of India has been grossly violated and the petitioner's mother was subjected to humiliation, by way of illegal arrest and detention, the petitioner is seeking appropriate damages from the respondents.

6. The third respondent has filed counter, wherein it is stated that a woman by name, Sarah Thomas, an Indian National, holding Passport No. K0895902 issued at Dubai on 20.10.2011, valid till 19.10.2021, approached Immigration for the arrival clearance at Chennai Airport at 0905 hrs. on 29.10.2014. The scrutiny of her passport revealed that her name was matching with a Look Out Circular, originated by Assistant Director, Interpol, CBI, New Delhi, the name mentioned in the Look Out Circular was Sara Williams Saramma Thomas @ Saramma Thomas. As per the Look Out Circular, action had to be taken by the Immigration "To Det