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Madras High CourtHCP/141/2026dismissed

Kripanand Yadav v. The Superintendent Of Police

2026-01-27Honourable Mr Justice P. Velmurugan,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Kripanand Yadav S/o.Jibachh Yadav, Boreader Shine Municipality Sapdari, Nepal.

Presently at KVR Plastic Company, Thalakkarai, Pollachi.

Petitioner(s) Vs

1. The Superintendent of Police Puzhal Prison, Chennai.

2.The Inspector of Police Pollachi Taluk Police Station, Coimbatore.

Respondent(s) PRAYER:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India seeking for a direction to the respondents to produce the petitioner's brother Sanjip Kumar Yadav (23), S/o.Jibachh Yadav, before this Court and to set him at liberty forthwith.

For Petitioner(s):

S.Vasavi Sridevi M.Rajasekar For Respondents:

Mr.A.Damodaran Additional Public Prosecutor Assisted by Mr.M.Karthikeyan Page No.1/5

ORDER

(Order of the Court was made by P.Velmurugan J.) This Habeas Corpus Petition has been filed by the petitioner, who is the brother of the detenu, Sanjip Kumar Yadav, seeking production of the detenu and his release.

2. The learned Additional Public Prosecutor submitted that the detenu, a citizen of Nepal, was arrested on 19.01.2025 in connection with Crime No.23 of 2025 on the file of the Pollachi Taluk Police Station, Coimbatore District, and was remanded to judicial custody. He further submitted that the Learned Additional District Judge, Special Court for Essential Commodities Act Cases, Coimbatore, by order dated 04.02.2025 in C.M.P. No.209 of 2025, granted bail to the detenu, subject to conditions. Subsequently, the Government of Tamil Nadu, in exercise of powers under Section 3(2)(e) of the Foreigners Act, 1946, issued G.O.(1D) No.120, Public (Foreigners.I) Department, dated 20.02.2025, directing that the detenu reside in the Special Camp at Tiruchirappalli pending deportation and restricting his movement within the State.

3. This Court has considered the submissions of the learned Additional Public Prosecutor and perused the records. The detention of the detenu is in

accordance with a statutory order passed under the Foreigners Act, 1946. The confinement of the detenu in the Special Camp has been carried out in strict compliance with due process of law. There is no evidence to suggest any illegality in his custody.

4. In view of the above, the Court is satisfied that the detenu's custody is lawful, in accordance with due process, and cannot be considered illegal.

5. Accordingly, the Habeas Corpus Petition is dismissed. (P.V.J., ) (M.J.R.J.,) 27/01/2026 r n s Index:Yes/No Speaking/Non-speaking order Internet:Yes Page No.3/5

To 1.The Superintendent of Police Puzhal Prison, Chennai.

2.The Inspector of Police Pollachi Taluk Police Station, Coimbatore.

3.The Public Prosecutor, Madras High Court, Chennai.

P.VELMURUGAN J.

AND M.JOTHIRAMAN J.

r n s 27-01-2026 Page No.5/5