Velu v. The Secretary To The 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.96 of 2025 Velu ... Petitioner Vs.

1.The Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.District Collector and District Magistrate of Ranipet District, Ranipet-1.

3.The Superintendent of Police, Ranipet District, Ranipet.

4.The Superintendent of Prison, Central Prison, Vellore.

5.The Inspector of Police, Banavaram Police Station, Ranipet District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, call for the records in connection with the order of Detention passed by the second respondent dated 26.12.2024 in B3/D.O.No.89/2024 against the petitioner Son Vijay, Male aged 22 years, S/o.Velu, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenue before the Hon'ble Court and set him at Liberty.

For Petitioner : Mr.D.Balaji For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the second respondent in B3/D.O.No.89/2024 dated 26.12.2024 is sought to be quashed in the present Habeas Corpus Petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

3. Three adverse cases are registered under Section 379 of Indian Penal Code in the year 2023. The ground case was registered regarding the allegations of personal dispute. Thus, the adverse cases have no proximity with the ground case. Thus, the said cases can be dealt with by the Police authorities under the ordinary law. Invoking Preventive Detention Act is unnecessary. Thus, we are inclined to interfere with the impugned order.

4. Accordingly, the impugned order of detention passed by the 2nd respondent in B3/D.O.No.89/2024 dated 26.12.2024 is quashed and the Habeas Corpus Petition stands allowed. The detenue, namely, Vijay, S/o.Velu, aged about 22 years, now confined in Central Prison, Vellore, is directed to be set at liberty forthwith unless he is otherwise 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 kak

To 1.The Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.District Collector and District Magistrate of Ranipet District, Ranipet-1.

3.The Superintendent of Police, Ranipet District, Ranipet.

4.The Superintendent of Prison, Central Prison, Vellore.

5.The Inspector of Police, Banavaram Police Station, Ranipet District.

6.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai.

7.The Additional Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN , J.

kak H.C.P.No.96 of 2025 30.01.2025