Habeas Corpus petition filed under Article 226 seeking production of detenu Thobiq. Court noted respondent police had already arrested and remanded him. Relief deemed infructuous.
The Habeas Corpus Petition is dismissed as the detenu has already been arrested and remanded to custody.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2017 CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN
H.C.P(MD)No.344 of 2017
Thayas
Vs.
PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents to produce the body or person of the detenu namely Thobiq, S/o.Mydeen, aged 25 years, now detained by the second and third respondents, before this Court and set him at liberty.
For Petitioner : Mr.N.Madhava Govindan
For Respondents : Mr.T.Mohan, Additional Public Prosecutor.
ORDER
[Order of the Court was made by A.SELVAM, J.]
This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to trace out and produce the detenu by name Thobiq, Son of Mydeen.
2.Mr.T.Mohan, learned Additional Public Prosecutor has taken notice for the respondents.
3.It is represented on the side of the respondents that the https://hcservices.ecourts.gov.in/hcservices/ detenu has been arrested and remanded to custody in connection with Crime No.413 of 2016, Kumbakonam Taluk Police Station.
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4.On the basis of the representation made on the side of the respondents, this Court has perused the Remand Report, wherein it has been clinchingly stated to the effect that the detenu has been arrested and remanded to custody.
5.Considering the fact that the detenu has already been arrested and remanded to custody, the relief sought in the Habeas Corpus Petition has become infructuous.
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar
To
ORDER MADE IN H.C.P(MD)No.344 of 2017 08.03.2017
smn
MS/MR/17.03.2017/2P.5C
1 issue framed by the court
Whether the relief sought in the Habeas Corpus petition regarding the production of the detenu Thobiq remains maintainable given that he has already been arrested and remanded to custody.
1 provisions across 1 enactments
Thayas
Superintendent of Police, Thanjavur District
Inspector of Police, Kumbakonam West Police Station
Inspector of Police, Nachiyarkovil Police Station
A.Selvam
N.Authinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
