Dismissed

S.v.Saranya v. Superintendent of Police

Madras HC29 Oct 2021HCP/1727/2021

Case brief

AI extract

What is this about?

Petitioner filed a habeas corpus petition seeking direction to produce her husband, Sathishkumar, alleging illegal detention by respondents. The detenu appeared via video conferencing, stating he is in Oman. Court held no illegal custody existed and dismissed the petition.

What did the court decide?

Direction to respondents to produce the detenu Sathishkumar and set him at liberty was rejected as he was found to be in Oman working.

S.v.Saranya Vs Superintendent of Police — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.10.2021

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CORAM

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THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE S.SRIMATHY

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H.C.P.NO.1727 OF 2021

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S.V.Saranya .. Petitioner/Wife of the detenue

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Vs.

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The Superintendent of Police, Office of the Superintendent of Police, Thiruchengode Road, Namakkal.

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The Deputy Superintendent of Police, Paramathi Road, Namakkal Town.

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The Inspector of Police, All Women Police Station, Namakkal Town.

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Palanisamy

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Sivakami .. Respondents

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Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or any other appropriate writ, order or direction in the nature of a writ directing the respondents 1 to 3 to produce the body of the detenu viz., Sathishkumar, aged about 31 years, son of Palanisamy, before this Court from the illegal detention of the 4^th and 5^th respondents and set him at liberty.

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For Petitioner : Mr.S.Senthil

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For RR 1 to 3 : Mr.R.Muniyapparaj, Addl. Public Prosecutor

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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[Order of the Court was made by P.N.PRAKASH, J.]

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This habeas corpus petition has been filed seeking to direct the respondents 1 to 3 to produce the body of the detenu viz., Sathishkumar, aged about 31 years, son of Palanisamy, before this Court from the illegal detention of the 4^th and 5^th respondents and set him at liberty.

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It is the case of the petitioner that she got married

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to Sathishkumar on 26.02.2020 and thereafter, it appears that they got estranged. It is the further case of the petitioner that the whereabouts of her husband Sathishkumar are not known to her and therefore, she has filed the present habeas corpus petition.

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Heard Mr.S.Senthil, learned counsel for the petitioner

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and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondents 1 to 3.

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Today, Sathishkumar appeared before this Court via video conferencing and stated that he was working in Oman even prior to the marriage and at present, he is in Oman since January 2021, as he is employed there.

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In such view of the matter, it cannot be stated that

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Sathishkumar is in the illegal custody of the respondents for the issuance of a writ of habeas corpus.

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Hence, this habeas corpus petition stands dismissed.

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Sd/-

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Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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nsd

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The Superintendent of Police, Office of the Superintendent of Police, Thiruchengode Road,

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Namakkal.

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https://hcservices.ecourts.gov.in/hcservices/

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The Deputy Superintendent of Police, Paramathi Road, Namakkal Town. 3. The Inspector of Police, All Women Police Station, Namakkal Town. 4. The Public Prosecutor, High Court, Madras. +1CC to Mr.S.Senthil, Advocate, Sr.No.56522 H.C.P.No.1727 of 2021 VBM (CO) K.RK. (17.11.2021)

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https://hcservices.ecourts.gov.in/hcservices/

S.v.Saranya v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

S.v.Saranya v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

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