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2018 Supreme(Mad) 1540

S.M.SUBRAMANIAM, S.RAMATHILAGAM
Menaka – Appellant
Versus
Superintendent of Police Kancheepuram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. L. Uthaya Kumar
For the Respondents: Mr. R. Ravichandran

ORDER :

S.M. Subramaniam, J.

The relief sought for in this Habeas Corpus Petition is for a direction to direct the respondents to produce the body of the detenu, by name R. Nagarajan, aged about 37 years, before this Court and set him at liberty.

2. The learned counsel appearing on behalf of the petitioner states that the detenu is her husband and was an employee of Hindu Mission Hospital, Tambaram as Ward Boy. The detenu was working in the said hospital for about 17 years and on 17.03.2017, the husband of the petitioner was on leave and did not attend his job. On the very same day, at about 5.00 p.m., the detenu left his home by stating that he is going to a shop. Thereafter, the detenu not returned back home till 11.00 p.m. Thus, the petitioner called her husband, through his mobile number, but the same was switched off. This made the petitioner to file a complaint and thereafter, to file the present Habeas Corpus Petition.

3. We are of the considered opinion that there is no allegation of any illegal detention of the husband of the petitioner even in the affidavit filed in support of the Habeas Corpus Petition. This apart, it is a pre-condition for the petitioner to establish an ill





















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