Tamil Selvi v. the Superintendent of Police
Case brief
What is this about?
Petitioner filed a habeas corpus petition regarding the illegal detention of her son, Kuppan @ Sathish, following his release on bail. The court, noting that the detenu was re-arrested and produced in judicial custody as reported by the State prosecutor, recorded the legal remedy and closed the petition without further adjudication.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.03.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
HCP.No.486 of 2019
Tamil Selvi .. Petitioner
Versus
1.The Superintendent of Police,
Vellore District, Vellore.
2.The Superintendent of Central Prison,
Salem Central Jail,
Salem District.
3.The Inspector of Police,
Kadpadi Police Station,
Vellore District. .. Respondents
Prayer:Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the detenue Kuppan @ Sathish, son of Panai, 30 years, now illegally detained by the third respondent herein, before this Court and set him at liberty.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.C.Iyyappa Raj, Additional Public Prosecutor
Issues for consideration
2 issues framed by the court
Whether to exercise jurisdiction in a habeas corpus petition filed on behalf of a person alleged to have been illegally detained after release on bail.
Whether the court is required to adjudicate the matter given the new information that the detenu was re-arrested and remanded to judicial custody.
Parties & counsel
- petitioner
Tamil Selvi
- respondent
The Superintendent of Police, Vellore District, Vellore
- respondent
The Superintendent of Central Prison, Salem Central Jail, Salem District
- respondent
The Inspector of Police, Kadpadi Police Station, Vellore District
Case details
As recorded by the court registry
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