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2010 Supreme(Mad) 4429
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE C.S. KARNAN
A. Balamurugan
Versus
The Inspector of Police, Avinashipalayam Police Station & Another
HCP. No.1825 of 2010
Decided On : 06-10-2010
For the Petitioner:P.M. Duraiswamy, Advocate.
For the Respondents: Babu Muthu Meeran, Additional Public Prosecutor.
Confirmation of detention and release by the alleged detenu influenced the disposal of the Habeas Corpus Petition.
Headnote:
Habeas Corpus - Detention - Summary: The court was informed that the alleged detenu, the petitioner's brother, was taken into custody but was later set free after interrogation. The detenu confirmed this when produced before the court, leading to the disposal of the Habeas Corpus Petition.
Fact of the Case:
The alleged detenu, the petitioner's brother, was taken into custody but later released after interrogation.
Finding of the Court:
The detenu confirmed being taken into custody and subsequently released, leading to the disposal of the Habeas Corpus Petition.
Issues: Detention of the alleged detenu, Habeas Corpus Petition
Ratio Decidendi: The confirmation by the detenu that he was taken into custody and released led to the disposal of the petition.
Final Decision: The Habeas Corpus Petition stands disposed of accordingly.
(Order of the Court was made by M. CHOCKALINGAM, J)
1. When the matter was taken up for enquiry, it was brought to the notice of the Court by the learned counsel for the State that the alleged detenu, who is the brother of the petitioner, was taken to custody in connection with the case in Crime No.917 of 2010 registered under Section 41 of the Criminal Procedure Code and he was interrogated and after execution of the bond, he was set free. Under the circumstances, a direction was given to the respondent-police for the production of the detenu.
2. This day, the detenu was produced before this Court. When this Court enquired him, the detenu submitted that he was taken to custody and after interrogation, he was set free one week or ten days before. Thereafter, he met his brother, who is the petitioner and informed him about the same. In such circumstances, nothing is available to proceed further in this matter. The Habeas Corpus Petition stands disposed of accordingly.
