Krishnamoorthy v. The Home Secretary Secretariat Fort St. George Chennai & Others
2010-10-03
C.S.KARNAN, M.CHOCKALINGAM
body2010
DigiLaw.ai
Judgment :- Order of the Court was made by M.CHOCKALINGAM, J. 1. This petition for a writ of habeas corpus has been brought forth seeking a direction to the respondents to produce one Manikandan the son of the petitioner herein. 2. The Court heard the learned Counsel for the petitioner and also the learned Additional Public Prosecutor. The affidavit in support of the petition is also perused. 3. No case is made out, in the considered opinion of the Court, even for consideration of the request made by the petitioner. 4. As rightly pointed out by the learned Additional Public Prosecutor, the averments in paragraph 4 of the affidavit would indicate that he was remanded to judicial custody. Hence it would be quite clear that a case should have been registered by the fourth respondent. Once he is judicially remanded following the arrest made pursuant to a case which was registered by the fourth respondent, there is no question of illegal custody or detention. In such circumstances, no question of consideration of the request of the petitioner for the issuance of a writ of habeas corpus would arise. Hence this habeas corpus petition requires an order of dismissal, and accordingly it is dismissed. Consequently, connected MP is also dismissed.