V.Kandasamy v. the Superintendent of Police
Case brief
What is this about?
Petitioner filed a writ of habeas corpus for missing son. Court noted police report that son eloped with 4th respondent. Habeas corpus petition stands closed with direction to monitor investigation.
What did the court decide?
Habeas Corpus petition stands closed with direction to monitor investigation until secures detenu.
What the court decided
A compact analysis
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 : 17.04.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
H.C.P.No.430 of 2021
V.Kandasamy,
S/o.Vaiyapuri ... Petitioner /
Father of the detenu
versus
1.The Superintendent of Police,
Office of the Superintendent of Police,
Sankagiri Main Road,
Nethimedu, Salem - 636 022.
2.The Deputy Superintendent of Police,
Office of the Superintendent of Police,
Vazhapadi, Salem - 636 115.
3.The Inspector of Police,
Vazhapadi Police Station,
Salem District - 636 115.
4.Madanika,
D/o.Selvam ... Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to direct the respondents herein more particularly the Inspector of Police, Vazhapadi Police Station, Salem District, the third respondent herein to produce the body and person of the detenu by name K.Prabhakaran, son of V.Kandasamy, aged about 29 years, who is the elder son of the petitioner herein before this Court and set him at liberty.
For Petitioner : Mr.B.Sanjay Balachandar for Mr.T.Shanmugam For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor
Issues for consideration
1 issue framed by the court
Whether the High Court can direct police to produce the alleged detenu K.Prabhakaran in light of the police finding that he eloped with the 4th respondent.
Parties & counsel
- petitioner
V.Kandasamy
- respondent
Superintendent of Police
- respondent
Deputy Superintendent of Police
- respondent
Inspector of Police
- respondent
Madanika
Case details
As recorded by the court registry
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