Dismissed

Alagarasan v. the Superintendent of Police

Madras HC27 Jan 2021HCP/95/2021

Case brief

AI extract

What is this about?

This is a habeas corpus petition filed to direct the second respondent to produce the detenu Yazhini and set her at liberty. The Apex Court noted that police enquiries revealed the detenu was with her father on her own volition, not in illegal custody. Consequently, the high court dismissed the petition.

What did the court decide?

The habeas corpus petition was dismissed as there is no evidence of illegal custody.

Alagarasan Vs the Superintendent of… — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.01.2021

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Coram

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The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM

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H.C.P. No.95 of 2021

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Alagarasan .. Petitioner Vs.

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1.The Superintendent of Police, Salem District. 2.The Inspector of Police, Mecheri Police Station, Salem District. 3.Senthil Kumar .. Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the second respondent herein to produce the body of the detenue viz., Yazhini, aged about 18 years, before this Court and set her at liberty.

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For Petitioner : Mr.M.Subash For RR 1 and 2 : Mr.R.Prathap Kumar Additional Public Prosecutor ORDER [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 second respondent herein to produce the body of the detenue viz., Yazhini, aged about 18 years, before this Court and set her at liberty.

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It is the case of the petitioner that the alleged detenue Yazhini, aged about 18 years, is in the illegal custody of her father, third respondent herein.

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On instructions, the learned Additional Public Prosecutor submitted that enquiries conducted by the police

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

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revealed that the detenue Yazhini is not in the illegal custody of the third respondent and she is with her father on her own volition.

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The statement that has been recorded by the police was submitted to us and we perused the same. We do not find any good cause to admit this habeas corpus petition.

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In the result, this habeas corpus petition is dismissed.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
nsd
To
1.The Superintendent of Police,
Salem District.
2.The Inspector of Police,
Mecheri Police Station,
Salem District.
3.The Public Prosecutor,
High Court, Madras.
H.C.P. No.95 of 2021
UM(CO)
RMP(19/02/2021)

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

Alagarasan v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Alagarasan v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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