Madras High CourtHCP(MD)/1204/2018closed

M.Abbas v. The Commissioner Of Police,

2018-08-21Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD)No.1204 of 2018 M.Abbas : Petitioner Vs.

1.State Rep. by The Commissioner of Police, O/o. The Commissioner of Police, Madurai.

2.The Inspector of Police, O/o. The Inspector of Police, Thallakulam, Madurai.

3.Periyakaruppan : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's son namely A.Sulthan Alavudeen, Son of M.Abbas, aged about 22 years before this Court and set him at liberty.

For Petitioner : Mr.S.M.A.Jinnah For R.1 & R.2 : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

********** [Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the father of the detenu. Alleging that the detenu is in the illegal custody of the third respondent, the present petition is filed.

2. Today, both the detenu and his wife are present before this Court. The wife of the detenu is non other than the daughter of the third respondent.

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3. On a query, the wife of the detenu has informed us that she has married the detenu, after conversion. Therefore, we do not find any illegal custody involved and hence, we are setting the detenu and his wife at liberty.

4. At this juncture, the learned Counsel for the petitioner submitted that there is a threat to the petitioner, detenu and his wife. Taking note of the aforesaid submission, we direct the second respondent to provide adequate police protection to them, as and when required.

5. With the above observations, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai.

2.The Inspector of Police, O/o. The Inspector of Police, Thallakulam, Madurai.

+1cc to Mr.S.M.A.Jinnah Advocate in sr.no.79900. GK DS SKN SAR-1;07.09.2018; 2P/4C H.C.P.(MD)No.1204 of 2018 21.08.2018 https://hcservices.ecourts.gov.in/hcservices/