In this habeas corpus petition filed by Sathya for Vairamuthu and Sankar, the Additional Public Prosecutor submitted that one detenu was on bail and the other was not in custody. The Court closed the petition based on these submissions without making a substantive ruling.
The petition was closed by the Court; no specific relief was granted to the petitioner.
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: 19.01.2021
Coram THE HON'BLE MR. JUSTICE P.N.PRAKASH AND THE HON'BLE MR. JUSTICE V.SIVAGNANAM
H.C.P. No.334 of 2020
Sathya .. Petitioner Vs. 1.State represented by The Superintendent of Police, Krishnagiri District, Krishnagiri. 2.The Deputy Superintendent of Police, Krishnagiri District. 3.The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District. 4.The Inspector of Police, Uthankarai Police Station, Krishnagiri District. 5.The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri District. .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents to produce the detenue 1) Vairamuthu, S/o.Ramesh, aged 23 years, 2) Sankar, S/o.Ammaiyammal, aged 40 years, now in the custody of the 3rd respondent herein before this Court and set them at liberty to secure the ends of justice.
For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.R.Prathap Kumar Additional Public Prosecutor
ORDER
[Order of the Court was made by P.N.PRAKASH, J.]
This habeas corpus petition has been filed seeking to direct the respondents to produce the detenue 1) Vairamuthu, S/o.Ramesh, aged 23 years, 2) Sankar, S/o.Ammaiyammal, aged 40 years, now in the custody of the 3rd respondent herein before this Court and set them at liberty to secure the ends of justice.
In such view of the matter, this habeas corpus petition is closed. Sd/Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nsd To
1.The Superintendent of Police, Krishnagiri District, Krishnagiri.
2.The Deputy Superintendent of Police, Krishnagiri District.
3.The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.
4.The Inspector of Police, Uthankarai Police Station, Krishnagiri District.
5.The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri District.
6.The Public Prosecutor, High Court, Madras.
AJS(CO) SM/12/02/2021
H.C.P. No.334 of 2020
2 issues framed by the court
Whether an order to vacate petition is appropriate given that one detenu was on bail and the other was not in police custody.
Whether the writ of habeas corpus succeeded in directing the police to produce and set at liberty the detenus.
1 provisions across 1 enactments
Sathya
State represented by The Superintendent of Police, Krishnagiri District, Krishnagiri
The Deputy Superintendent of Police, Krishnagiri District
The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District
The Inspector of Police, Uthankarai Police Station, Krishnagiri District
The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri District
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
