Jayanthi v. The State Rep By The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.86 of 2025 Jayanthi ... Petitioner/Mother of the Detenu Vs.
1.
State represented by The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 9.
The District Collector and District Magistrate, Krishnagiri District, Krishnagiri.
The Superintendent of Police, Krishnagiri District, Krishnagiri.
The Superintendent of Prison, Central Prison, Salem.
5.
The Inspector of Police, Hosur Town Police Station, Krishnagiri District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records in S.C.No.46/2024 dated 17.12.2024 on the file of the District Collector and District Magistrate, Krishnagiri District, Krishnagiri, the second respondent herein and quash the same as illegal and direct the respondent to produce the detenue Thiru.Anandkumar, S/o. Kodhandaraman, aged about 39 years, now confined at Central Prison, Salem, before this Court and set him at liberty. For Petitioner : Ms.S.Sengkodi For Respondents : Mr. R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by the Hon'ble S.M.SUBRAMANIAM, J.) The preventive detention order passed by the second respondent in proceedings No.S.C.No.46/2024 dated 17.12.2024 is sought to be quashed in the present habeas corpus petition.
Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents. The facts in the ground case reveals that the personal dispute existed between the complainant and the accused. Such nature of cases are to be dealt with by the Police Authorities under the ordinary law. There is no
adverse case relied on in the impugned detention order. Therefore, the detention is unnecessary and the cases registered can be dealt with by the police Authorities under the law of the land. Hence, for the aforesaid reasons, the detention order passed by the 2nd respondent, in proceedings S.C.No.46/2024 dated 17.12.2024 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Anandkumar, aged 39 years, S/o. Kodhandaraman confined at Central Prison, Salem is directed to be set at liberty forthwith unless he is required in connection with any other case.
[S.M.S., J.] [M.J.R., J.] 30.01.2025 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
State represented by The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 9.
The Joint Secretary to Government, Public (Law and Order) Department, Fort St.George, Chennai - 9.
The District Collector and District Magistrate, Krishnagiri District, Krishnagiri.
The Superintendent of Police, Krishnagiri District, Krishnagiri.
5.
The Superintendent of Prison, Central Prison, Salem.
6.
The Inspector of Police, Hosur Town Police Station, Krishnagiri District.
7.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
veda H.C.P.No.86 of 2025 30.01.2025