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2019 Supreme(Mad) 1498

R.SUBBIAH, B.PUGALENDHI
M. Rajkumar @ Muthaiah – Appellant
Versus
Commissioner, Madurai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S. Ramachandrapradeep, Advocate.
For the Respondents:K. Chellapandian, Additional Advocate General assisted by K.K. Ramakrishnan, Additional Public Prosecutor.

JUDGMENT :

R. SUBBIAH, J.

(Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus directing the respondents 1 and 2 to produce the detenu, namely, M.Rajkumar @ Muthaiah, son of Muthaiah, aged 38 years, before this Court and set him at liberty who is confined in Central Prison, Madurai, based on the order passed in Cr.M.P.No.97 of 2017 in M.C.No.33 of 2010 on the file of the Family Court, Madurai.)

1. The petitioner has come forward with the present petition seeking a writ of Habeas Corpus to direct the respondents 1 and 2 to produce the detenu, namely, M.Rajkumar @ Muthaiah, son of Muthaiah, aged 38 years, before this Court and set him at liberty who is confined in Central Prison, Madurai, based on the order passed in Cr.M.P.No.97 of 2017 in M.C.No.33 of 2010 on the file of the Family Court, Madurai.

2. Facts-in-nutshell leading to the filing of the present petition, are hereunder:

2.1. The petitioner married one Maheswari on 13.12.1999 and due to the wedlock, the respondents 3 and 4 were born. However, due to misunderstanding between the petitioner and his wife, they got divorce by virtue of the decree in H.M.O.P.No.115 of

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