IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10-3-2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE C.S.KARNAN H.C.P.No.417 of 2010 and M.P.No.1 of 2010 Krishnamoorthy .. Petitioner vs 1.The Home Secretary, Secretariat, Fort St. George, Chennai 600 009. 2.The Director General of Police Tamil Nadu Police Head Quarters Kamarajar Salai, Chennai 600 004. 3.The Commissioner of Police, Chennai City Police Department, Chennai 600 008. 4.The Inspector of Police, K-10, Koyambedu Police Station, Chennai District. 5.The Superintendent of Prison, The Central Prison, Puzhal, Chennai 66. .. Respondents Habeas corpus 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 of Manikandan aged about 20 years, S/o Krishnamoorthy, who is illegally detained before this Court and set him at liberty on his own bond. For Petitioner : Mr.T.P.Senthil Kumar For Respondents : Mr.V.R.Balasubramanian Additional Public Prosecutor ORDER (Order of the Court was made by M.CHOCKALINGAM, J.) 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. https://hcservices.ecourts.gov.in/hcservices/ 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. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar nsv To: 1.The Home Secretary, Secretariat, Fort St. George Chennai 600 009. 2.The Director General of Police, Tamil Nadu Police Head Quarters, Kamarajar Salai, Chennai 600 004. 3.The Commissioner of Police, Chennai City Police Department, Chennai 600 008. 4.The Inspector of Police, K-10, Koyambedu Police Station, Chennai District. 5.The Superintendent of Prison, The Central Prison, Puzhal, Chennai 66. 6.The Public Prosecutor, High Court, Madras. HCP No.417 of 2010 RV(CO) RVL 18.03.2010 https://hcservices.ecourts.gov.in/hcservices/