Petitioner sought habeas corpus for his daughter. Court found she had married the third respondent, they are major, and agreed to live with the petitioner. Holding no illegal detention, petition closed.
The habeas corpus petition was closed as there was no illegal detention established.
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 : 04.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.(MD) No.1168 of 2017
Malaisamy
... Petitioner
-vs-
1.The Commissioner of Police, Madurai City, Madurai.
2.The State rep. by The Inspector of Police, K.Pudur Police Station, Madurai.
3.Aravinth
4.Karuppaiah ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondents 1 and 2 to secure the detenue namely Iswariya, D/o. Malai samy, aged about 19 years, now detained by the respondents 3 and 4 herein and produce the detenue or body of the detenue before this Court and set her at liberty
For Petitioner : Mr.G.Mathavan
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.]
The petitioner is the father of the detenue. The respondent has produced the detenu. On enquiry both the https://hcservices.ecourts.gov.in/hcservices/ petitioner, detenue and the third respondent have told us that the third respondent and the detenue are ready to live with the
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petitioner. It is also seen that the detenue also married the third respondent and both are major. Thus, we find there is no illegal detention.
Sd/-
Assistant Registrar(Crl.Side)
/True Copy/
Sub-Assistant Registrar
To:
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, K.Pudur Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Cp/am RL/4C/2P/MR/KKR/SAR1/14/9/2017
H.C.P.(MD) No.1168 of 2017
04.09.2017
1 issue framed by the court
Whether illegal detention subsists when the detenu resides with her husband and the petitioner, and is released by the authorities.
1 provisions across 1 enactments
Malaisamy
Commissioner of Police, Madurai City
State rep. by The Inspector of Police, K.Pudur Police Station
Aravinth
Karuppaiah
M.M. Sundresh
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
