Writ petition filed under Article 226 for habeas corpus of a major detenu (aged 27). After production by respondents, the Court ordered his release by setting him at liberty and closed the petition citing his majority.
Set the detenu at liberty and closed the Habeas Corpus Petition.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :19.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
H.C.P.(MD) No.1119 of 2021
K.Ganesan
... Petitioner/Father of the detenu
-vs-
1.The Superintendent of Police,
Dindigul District,
Dindigul.
2.The Inspector of Police, Taluk Police Station,
Dindigul Taluk,
Dindigul District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the body or person of the detenu,the Petitioner's son namely, Nagamani, aged about 27 years before this Court and set him at liberty.
For Petitioner : Mr.S.Sarvagan Prabhu
For Respondents : Mr.S.Ravi Standing Counsel for the Govt.
O R D E R
[Order of the Court was made by M.DURAISWAMY, J.]
The father of the detenu has filed the above Habeas Corpus Petition to direct the respondents Police to produce the detenu by name, Nagamani, aged 27 years.
2.Pursuant to the order, dated 9.8.2021, the respondents Police secured the custody of the detenu and produced before this https://hcservices.ecourts.gov.in/hcservices/ Court today. This Court enquired with the detenu and the said
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Nagamani has stated that he left his house and gone to an another village.
3.Mr.S.Sarvagan Prabhu,learned counsel appearing for the Petitioner submitted that since the respondents have secured the custody of the detenu, he may the set at liberty for the reason that he is a major.
4.In view of the production of the detenu, aged 27 years and the submissions made by the learned counsel appearing for the petitioner, the detnue is set at liberty and the Haberas Corpus Petition stands closed.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
vsn
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To:
1.The Superintendent of Police, Dindigul District, Dindigul. 2.The Inspector of Police, Taluk Police Station, Dindigul Taluk, Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.1119 of 2021 19.08.2021
MGJ(27.08.2021) 2P 4C
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2 issues framed by the court
Whether a major detenu can be set at liberty immediately after production before the Court.
What relief shall be granted in a habeas corpus petition where the detenu is produced and is a major.
1 provisions across 1 enactments
K. Ganesan
Superintendent of Police, Dindigul District, Dindigul
Inspector of Police, Taluk Police Station, Dindigul Taluk, Dindigul District
M. Duraismamy
K. Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
