Single judge returned the petition. The government advocate informed the Court that the son was shown as an accused in an elopement case and is at large. The Court refused the writ and closed the petition.
The writ of habeas corpus cannot be issued as prayed for; the petition stands closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
H.C.P.No.1060 of 2021
A.Kuzhandaivel
..Petitioner
Vs.
3.Kamalakkannan ..Respondents
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the first and second respondents to produce the petitioner's son K.Anandhavel, son of Kuzhandaivel, aged about 20 years, before this Court from the illegal custody of the third respondent and set him at liberty.
ORDER
This habeas corpus petition has been filed seeking to direct the first and second respondents to produce the petitioner's son K.Anandhavel, son of Kuzhandaivel, aged about 20 years, before this Court from the illegal custody of the third respondent and set him at liberty.
and that the police are not taking effective steps to secure him.
Recording the same, this habeas corpus petition stands closed.
//True Copy//
Sub Assistant Registrar nsd
To
H.C.P.No.1060 of 2021
PM(CO) RGA(05/08/2021)
1 issue framed by the court
Whether a writ of habeas corpus should be issued directing police to produce the petitioner's son from the custody of the third respondent when the son is an accused at large in an elopement case.
2 provisions across 2 enactments
A. Kuzhandaivel
Superintendent of Police, Cuddalore
Inspector of Police, Muthandikuppam Police Station
Kamalakkannan
P.N. Prakash
R. Pongiappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
