Petitioner sought habeas corpus for her husband, an absconding criminal. The court dismissed the petition upon the prosecution submitting that the detenu is absconding in a registered case, negating illegal detention.
Habeas corpus petition is dismissed finding no illegal detention involved.
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: 09.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.[MD].No.1387 of 2018
Umasankari
: Petitioner
Vs.
Race Course Road,
Madurai.
: Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the body or person of the petitioner's husband namely Sivaprakash, S/o.Muneeswaran, aged about 39 years from the illegal custody of the fourth respondent and produce him before this Court and set him at liberty.
For Petitioner : Mr.G.Karuppasamy Pandiyan For Respondents 1to3 : Mr.K.Dinesh Babu Additional Public Prosecutor For Respondent No.4 : Mr.J.Jeyakumaran
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.]
Today, when the Habeas Corpus Petition was taken up for https://hcservices.ecourts.gov.in/hcservices/ hearing, the learned Additional Public Prosecutor appearing for the respondents 1 to 3 submitted that a case was registered
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against the detenu in Crime No.434 of 2018 and he is absconding.
Sd/Assistant Registrar (CS-II) /True Copy/
Sub Assistant Registrar(CS-I)
To
Race Course Road,
Madurai.
+1cc to Mr.J.JEYAKUMARAN, Advocate, Sr.No.89597. Order made in H.C.P.[MD].No.1387 of 2018 Dated: 09.10.2018 KK/RSK/SAR 1/26.10.2018/2P/6C
1 issue framed by the court
Whether a writ of habeas corpus should be issued to produce the petitioner's husband who is alleged to be in illegal custody.
Umasankari
The Inspector General of Police, South Zone
The Superintendent of Police, Virudhunagar District
S.M.Ravi
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
