In a habeas corpus petition, the petitioner sought the release of Megaraj. The court observed that the detenu was absconding due to an IPC Section 498-A complaint filed by his wife, finding no illegal detention. Consequently, the petition was dismissed.
The habeas corpus petition was dismissed, and the detenu was not produced before the court.
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: 22.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P[MD]No.352 of 2018
Inbavalli
: Petitioner
Vs.
3.Revathy
5.Poobathi : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the first and second respondents to produce the person or body of the detenue namely Megaraj son of Palpandian aged 32 years before this Court and set him at liberty.
For Petitioner : Mr.C.Joseph Sathianeson For Respondents 1&2 : Mr.K.Dinesh Babu
Additional Public Prosecutor
For Respondents 3 to 5: Mr.A.Mohan
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J. ]
When the matter was taken up for hearing, the learned Additional Public Prosecutor, submitted that the third respondent who is the wife of the detenu has given a complaint against the https://hcservices.ecourts.gov.in/hcservices/ detenu for the offence under Section 498-A of IPC, in crime No.11 of 2018. That is the reason why the detenu is absconding. Thus,
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we do not find any illegal detention.
Hence, this Habeas Corpus Petition is dismissed.
Sd/-
Assistant Registrar (Crl-Side) // True Copy //
Sub Assistant Registrar(CS-I)
To 1.The Superintendent of Police, Superintendent of Police Office, Thoothukudi District. 2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. MR
BU/RSK/SAR-1 :09.11.2018 : 2P/4C
ORDER MADE IN H.C.P[MD]No.352 of 2018 22.10.2018
2 issues framed by the court
Whether the detention of Megaraj was lawful given the complaint filed under Section 498-A of IPC.
Whether the Habeas Corpus petition should be dismissed due to lack of illegal detention.
1 provisions across 1 enactments
Inbavalli
The Superintendent of Police
The Inspector of Police
Revathy
Ganesan
Poobathi
M.M. Sundresh
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
