Jayapradha v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Jayapradha .. Petitioner Vs 1.State of Tamil Nadu Rep. By The Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.
2.The District Magistrate and District Collector of Tiruvallur District, Tiruvallur District. 3.The Superintendent of Police, Central Prison, Puzhal, Chennai - 66.
4.The Superintendent of Police, Tiruvallur District, Tiruvallur.
5.The Inspector of Police, F4- Kavarapettai Police Station, Kavarapettai, Tiruvallur District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records relating to the detention order in Memo BCDFGISSSV No.18/2022 Page Nos.1/13
dated 12.05.2022 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's brother Jayakumar, S/o.Karmegam the detenu now confined in Central Prison, Puzhal, Chennai before this Court and set the petitioner's brother Jayakumar, S/o.Karmegam, aged about 23 years the detenu herein at liberty.
For Petitioner :
Mr.N.Naresh for Ms.M.Monisha For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of captioned 'Habeas Corpus Petition' ('HCP' for the sake of brevity).
2.
When the captioned HCP was listed in the Admission Board, this Court vide order dated 27.01.2023 admitted the captioned HCP and issued Rule nisi. A scanned reproduction of the order dated 27.01.2023 is as follows:
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3.
The aforementioned proceedings made at the time of admission captures the crux and gravamen of the matter in a nut shell. Adverting to paragraph 5 of the Admission Board order, learned counsel for petitioner submitted that the detenu in the case on hand is one Thiru.Jayakumar. Learned counsel drew our attention to First Information Report (FIR) in the ground case i.e., FIR No.46 of 2022 dated 11.03.2022 on the file of Kavarapettai Police Station, Thiruvallur District (to be noted page 9 of the grounds booklet). Learned counsel pointed out that while the detenu in the captioned matter is cited as No.2 in the list of named accused, one Thiru.Edwinraj is cited as No.4 in the same list. Therefore, Thiru.Edwinraj, S/o.Thiru.Louise Amirtharaj is a co-accused in the same ground case, is his say. Learned counsel submits that Thiru.
Edwinraj also was clamped with a preventive detention order which is identical to the impugned preventive detention order; that impugned preventive detention order was challenged in this Court by Thiru.Edwinraj's father Thiru.Louise Amirtharaj vide H.C.P.No.1274 of 2022 and it was allowed by Honourable Predecessor Bench in and by an order dated 04.01.2023 and a scanned reproduction of the same is as follows: Page Nos.
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4. Adverting to aforementioned earlier order made by Honourable Predecessor Bench in the case of Edwinraj, who was clamped with a similar preventive detention order, learned counsel submits that the same point is available to the detenu in the case on hand also and the page number is 20 as captured in paragraph 5 of the Admission Board order. To be noted, in Edwinraj's case, it is page no. 24 of that booklet.
5.
Learned State Additional Public Prosecutor does not have much of a say as the argument is predicated on records. We remind ourselves of the age old adage 'Sauce to Goose is sauce to Gander too'. Therefore, applying the order dated 04.01.2023 in H.C.P. No.1274 of 2022 passed by the Honourable Predecessor Bench, we have no hesitation in saying that the impugned detention order in the captioned HCP also deserves to be dislodged.
6. Apropos, the sequitur is, captioned HCP is allowed. Impugned detention order dated 12.05.2022 bearing reference BCDFGISSSV No.18/2022 made by the second respondent is set aside and the detenu Thiru.Jayakumar, male, aged 23 years, son of Thiru.Karmegam Page Nos.11/13
is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 17.04.2023 Index : Yes / No mmi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison II, Puzhal, Chennai. To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.
2.The District Magistrate and District Collector of Tiruvallur District, Tiruvallur District. 3.The Superintendent of Police, Central Prison, Puzhal, Chennai - 66.
4.The Superintendent of Police, Tiruvallur District, Tiruvallur.
5.The Inspector of Police, F4- Kavarapettai Police Station, Kavarapettai, Tiruvallur District.
6.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR , J., mmi 17.04.2023 Page Nos.13/13