The court dismissed a landmark Habeas Corpus petition filed by the brother of a detenu, A.Subramanian, held in illegal custody by the police during a property dispute investigation. No writ was issued.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09..07..2019 CORAM
The Honourable Mr Justice M.M.SUNDRESH and
The Honourable Mr Justice M.NIRMAL KUMAR
Habeas Corpus Petition No.40 of 2018
A.Sakthivel
... Petitioner -Versus1.The Superintendent of Police, Kancheepuram District at Collectorate Complex, Vandavasi Road, Kancheepuram. 2.The Inspector of Police, Manimangalam Police Station, Kancheepuram District. 3.Nallamuthu
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents herein to secure the body and person of the detenu - A.Subramanian, aged about 60 years, son of Aandi and the brother of the petitioner from the illegal custody of the 3rd respondent and for a further direction to the 2nd respondent to produce the detenu before this court, set him at liberty and restore his custody to the petitioner .
For Petitioner : S.Arivazhagan For Respondents : Mr.C.Iyyapparaj, APP for RR1 and 2 ORDER [Order of the court was made by Justice M.M.SUNDRESH]
The petitioner is the brother of the detenu - A.Subramanian, aged about 60 years. This petition has been filed seeking production of the detenu before this court.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
kmk
To
1.The Superintendent of Police,
Kancheepuram District at
Collectorate Complex,
Vandavasi Road,
Kancheepuram.
2.The Inspector of Police,
Manimangalam Police Station,
Kancheepuram District.
3.The Public Prosecutor, High Court, Madras – 104.
+1cc to Mr.S.Arivazhagan , Advocate SR.No. 58174
H.C.P.No.40 of 2018 A.SK(13/08/2019)
1 issue framed by the court
Whether to issue a Writ of Habeas Corpus directing the release of the detenu A.Subramanian held in custody during a property dispute investigation.
A. Sakthivel
Superintendent of Police, Kancheepuram District
Inspector of Police, Manimangalam PS
Nallamuthu
M.M. Sundresh
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
