Petitioner filed a Habeas Corpus petition to produce and set at liberty Mugilan, alleged to be in solitary confinement in Madurai Central Prison. Court observed the detenu was released on bail and closed the petition.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS. JUSTICE R.THARANI
H.C.P.(MD)No.988 of 2018
J.Stefen Selvaraj @ Kennedy : Petitioner
Vs.
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Madurai Municipal Corporation, Alagarkoil Road, Madurai.
10.The Municipal Health Officer, Madurai Municipal Corporation, Alagar Koil Road, Madurai.
: Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents to produce the person or body of the detenu by name Mugilan, aged 50 years S/o.Rengasamy before this Court and set him at liberty from the solitary confinement in the Madurai Central Prison forthwith.
For Petitioner : Mr.R.Alagumani
For Respondents : Mr.N.Dinesh Babu
Additional Public Prosecutor
ORDER
[Order of the Court was made by R.SUBBIAH, J]
This Habeas Corpus Petition has been filed by the petitioner to produce his friend namely, Mugilan, aged 50 years, S/o.Rengasamy.
2.In the affidavit filed in support of this Petition, it has been averred that the petitioner is the friend of the detenu and he is involving in Human Rights Activities and also participating in several democratic activities. It is further averred that the detenu was kept in solitary confinement in an unhygienic condition. Therefore, the respondents are duty bound to protect and promote the rights of the petitioner by way of maintaining good sanitation and conservancy in Madurai Central Prison. In this regard, the petitioner has made a representation dated 08.07.2018 to the respondent. Since no effective steps were not taken by the respondents, the present Hebeas Corpus Petition has been filed.
3.When the matter came up for hearing today, the learned Additional Public Prosecutor submitted that now the detenu was https://hcservices.ecourts.gov.in/hcservices/ released on bail on 26.09.2018.
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4.In view of the submission made by the learned Additional Public Prosecutor, nothing survives for adjudication in this petition. Hence, this Hebeas Corpus Pettion stands closed.
Sd/
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar(CS-II)
To
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Order made in H.C.P.(MD)No.988 of 2018 Dated: 13.11.2018
1 issue framed by the court
Whether the writ court can issue a Habeas Corpus to secure the production and liberty of a detenu when the person has already been released on bail.
J.Stefen Selvaraj @ Kennedy
The State of Tamil Nadu
R.SUBBIAH
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
