The Madurai Bench of the Madras High Court disposed of a Habeas Corpus petition filed by a mother seeking the production of her son, who was absent due to a NonBailable Warrant. The court found no illegal detention as the detenu was absconding from a pending criminal case.
The Habeas Corpus Petition is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.[MD].No.1033 of 2017
J.Sabiya Begum : Petitioner
Vs.
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Jaihindpuram Police Station, Madurai. : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the detenue namely J.Ashiq Raja, Son of Jahir Hussain aged about 24 years, son of the petitioner before this Hon'ble Court and set him at liberty.
For Petitioner : Mr.P.Yasmin Begum For Respondents : Mr.T.Mohan Additional Public Prosecutor
O R D E R ***********
[Order of the Court was made by M.M.SUNDRESH,J.]
The petitioner is the mother of the detenu. According to the petitioner, the detenu is missing for few months.
2.The learned Additional Public Prosecutor on instructions would submit that the case has been registered against the detenu and it is pending for disposal on the file of the learned Judicial Magistrate No.IV, Madurai in C.C.No.259 of 2013, in which, NonBailable Warrant has already been issued against the detenu and https://hcservices.ecourts.gov.in/hcservices/ for that reason, he is absconding. Thus, we find there is no illegal detention.
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3.In view of the above submission, the Habeas Corpus Petition is closed.
Sd/Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, Jaihindpuram Police Station, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to Mr.P.Yasmin Begum, Advocate, SR.No.64762 am/sss RL/5C/2P/KK/SAR4/24/7/2017 ORDER MADE IN H.C.P.[MD].No.1033 of 2017 12.07.2017
2 issues framed by the court
Whether the Habeas Corpus Petition should be allowed given the detenu is absconding due to a NonBailable Warrant.
Whether the detention of the detenu is illegal.
1 provisions across 1 enactments
J.Sabiya Begum
Commissioner of Police, Madurai City
Inspector of Police, Jaihindpuram Police Station
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
