Disposed

M.S.Rahamathulla, v. the Superintendent of Police

Madras HC1 Sept 2017HCP(MD)/1277/2017

Case brief

AI extract

What is this about?

Writ petitions filed under Article 226 for habeas corpus regarding detenues with unknown whereabouts. Court noted respondents have no instruction on production unlike alleged hospital detention. No illegal detention found as per Additional Prosecutor.

What did the court decide?

Held no illegal detention; petitioners directed to file appropriate application regarding physical condition of detenu possibly in Stanly Hospital, Chennai.

M.S.Rahamathulla, Vs the Superintendent… — Constitutional and Fundamental Rights | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.09.2017

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CORAM:

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THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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H.C.P.(MD) Nos.1271,1277, 1278 and 1279 of 2017

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H.C.P(MD)No.1271 of 2017
V.P.Mohammed Ali -vs-	... Petitioner
1.The Superintendent of Police, Tanjavur District, Tanjavur.
2.The Inspector of Police, Papanasam Police Station, Tanjavur District.	...Respondents
H.C.P(MD)No.1277 of 2017
M.S.Rahamathulla -vs-	... Petitioner
1.The Superintendent of Police, Tanjavur District, Tanjavur.
2.The Inspector of Police, Papanasam Police Station, Tanjavur District.
3.The Superintendent of Police, Kancheepuram District, Kancheepuram.
4.Deputy Superintendent of Police, Mamallapuram Division, Kancheepuram District.
5.The Inspector of Police, Thirukazhukundram Police Station,
Kancheepuram District. https://hcservices.ecourts.gov.in/hcservices/	... Respondents

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H.C.P(MD)No.1278 of 2017

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K.A.Noor Batcha ... Petitioner

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-vs1.The Superintendent of Police, Tanjavur District, Tanjavur. 2.The Inspector of Police, Papanasam Police Station, Tanjavur District. ... Respondents H.C.P(MD)No.1279 of 2017 M.Sabarammal ... Petitioner -vs1.The Superintendent of Police, Tanjavur District, Tanjavur. 2.The Inspector of Police, Papanasam Police Station, Tanjavur District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the body and person of the detenues namely M.Mohammed Ilah, aged about 19 years, S/o.Mohammed Ali, R.Abdul Muthalif son of M.S.Rahamathulla, aged about 22 years, K.N.Sheik Sahul Hameed, S/o.K.A.Noor Batcha, aged about 22 years and M.Mohammed Rafik, S/o.Mohammed Farook, aged about 22 years before this Hon'ble Court and set them at liberty.

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For Petitioners : Mr.R.Narayanan For Respondents : Mr.T.Mohan Additional Public Prosecutor

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C O M M O N O R D E R [Order of the Court was made by M.M.SUNDRESH, J.]

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https://hcservices.ecourts.gov.in/hcservices/ All the matters are taken up together and disposed of by common order.

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2.According to the petitioners, the detenues have been taken into custody by the respondent police without authority of law and their whereabouts are not known.

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3.The learned Additional Public Prosecutor on instructions

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would submit the detenues are in judicial custody in pursuant to the case registered in Cr.No.136 of 2017 for the offence under Section 457 and 380 of IPC, on the file of the Kelampakkam Police Station and another Cr.No.318 of 2016 on the file of the Sethuranga Pattinam police Station. The above two police Stations are not come under the jurisdiction of this Court.

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4.The learned counsel appearing for the petitioners would submit that information has been given through phone stating that one of the detenu is admitted in the Stanly Hospital, Chennai.

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5.The learned Additional Public Prosecutor does not have any instruction on this aspect.

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6.Thus we find there is no illegal detention since all the detenues have been remanded as per the instructions given by the learned Additional Public Prosecutor. The petitioners are at liberty to file an appropriate application with reference to the statement made on the physical condition of the detenue, who according to the counsel for the petitioner admitted in the Stanly Hospital, Chennai before the Principal Bench.

Sd/-

Assistant Registrar

/True Copy/

Sub Assistant Registrar

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To:

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1.The Superintendent of Police, Tanjavur District, Tanjavur.

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2.The Inspector of Police, Papanasam Police Station, Tanjavur District.

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3.The Superintendent of Police, Kancheepuram District, Kancheepuram.

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4.Deputy Superintendent of Police, https://hcservices.ecourts.gov.in/hcservices/ Mamallapuram Division, Kancheepuram District.

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5.The Inspector of Police, Thirukazhukundram Police Station, Kancheepuram District.

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6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1cc to M/S.R.Narayanan, Advocate SR.No. 76040

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H.C.P.(MD) Nos.1271,1277, 1278 and 1279 of 2017 01.09.2017

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am/cp JM/RSK/SAR 2/13.09.2017/4P/8C

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https://hcservices.ecourts.gov.in/hcservices/

M.S.Rahamathulla, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

M.S.Rahamathulla, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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