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Madras High CourtHCP(MD)/381/2018closed

J.Aalan, v. The Superintendent Of Police,

2018-03-26Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI HCP [MD]No.381 of 2018 J.Aalan : Petitioner Vs.

1. The Superintendant of Police, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Kulasekaram Police Station, Kulasekaram, Kanyakumari District.

3.Andrew Prabin Sathish 4.Stalin Roy 5.Abraham (Babu) : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the corpus or body of the petitioner's father namely Justus Banuvel, S/o.James, aged 67 years before this Court by rescuing him from the illegal custody of the respondents 3 to 5 and handed over to the petitioner. For Petitioner : Mr.G.Radhakrishnan For R1 & R2 : Mr.K.Dinesh Babu, Additional Public Prosecutor For R3 and R5 : Mr.G.Justin

ORDER

[Order of the Court was made by S.VIMALA, J] This petition has been filed by petitioner/son, seeking a direction to the respondents to produce his father/ detenu, namely, Justus Banuvel, aged 67 years, before this Court and set him at liberty.

2.The learned counsel appearing on either side have submitted that the medical condition of the detenue is very serious and he is ill and he is in coma stage and he is not in a position to https://hcservices.ecourts.gov.in/hcservices/

execute any document or to understand anybody speaking with him. Under such circumstances, if any document is got executed from the detenue during interrognum period, it would not have the legal validity till his discharge from the hospital. 3.Recording the said submission, the petitioner is permitted to visit his father in the hospital and the hospital administration shall grant permission to the petitioner to see his father in the hospital.

4.With the above observation, this Habeas Corpus Petition is closed.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To

1. The Superintendant of Police, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Kulasekaram Police Station, Kulasekaram, Kanyakumari District.

3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

4. The Management, Manipal Hospital, Salem.

+2cc to Mr.G.Justin, Advocate Sr.No.57756 +1cc to Mr.G.Radhakrishnan, Advocate Sr.No.57779 DAS/RMI VB/SKN/RSK/SAR1/24.04.2018/2P/8C ORDER MADE IN HCP [MD]No.381 of 2018 26.03.2018 https://hcservices.ecourts.gov.in/hcservices/