Azhagarsamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2022 Coram The Honourable Mr. Justice S.VAIDYANATHAN and The Honourable Mr. Justice A.D.JAGADISH CHANDIRA H.C.P. No.102 of 2022 Azhagarsamy .. Petitioner Vs.

1. The State of Tamilnadu, Rep. by the Secretary to the Government, Prohibition & Excise Department, Fort St. George, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 600 007.

3. The Inspector of Police, M-4, Redhills Police Station, Chennai - 600 066.

4. The Superintendent of Prison, Central Prison Puzhal, Chennai.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records pertaining to Memo No.402/BCDFGISSSV/2021 dated 31.12.2021 on the file of the second respondent herein and set aside the same and direct the respondents herein to produce the petitioner's husband Vijay @ Thalapathi Vijay, son of Azhagarsamy, aged 26 years, now confined in the Central Prison, Puzhal, Chennai before this Court and set him at liberty. For Petitioner : Mr. C.K.M.Appaji For Respondents :

Mr.M.Babu Muthumeeran Addl. Public Prosecutor

ORDER

S.VAIDYANATHAN, J., AND A.D.JAGADISH CHANDIRA, J., The petitioner is the husband of Vijay @ Thalapathi Vijay, son of Azhagarsamy, aged 26 years, who is the detenu. The detenu has been detained by the second respondent by his order in Memo No.402/BCDFGISSSV/2021 dated 31.12.2021, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully.

3.Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the bail order has not been properly translated in vernacular language. This deprived the detenu from making effective representation. Therefore, on this sole ground, the detention order is liable to be quashed.

4.On consideration of the submissions made on either side and upon perusal of the documents available on record especially Page No.22 of the booklet, it is clear that the bail order has not been properly translated in vernacular language. Thus the impugned detention order is liable to be set aside on this ground.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in Memo No.402/BCDFGISSSV/2021, dated 31.12.2021, passed by the second respondent is set aside. The detenu, namely, Vijay @ Thalapathi Vijay, son of Azhagarsamy, aged 26 years, is directed to be released forthwith unless his detention is required in connection with any other case.

(S.V.N.,J.) (A.D.J.C.,J.) 04.07.2022 Index: Yes/No bkn Note to Office: Issue order copy forthwith.

To

1. The Secretary to the Government, Prohibition & Excise Department, Fort St. George, Chennai - 600 009.

2. The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 600 007.

3. The Inspector of Police, M-4, Redhills Police Station, Chennai - 600 066.

4. The Superintendent of Prison, Central Prison Puzhal, Chennai.

5.The Public Prosecutor, High Court, Madras.

S.VAIDYANATHAN, J., AND A.D.JAGADISH CHANDIRA, J., bkn H.C.P.No.102 of 2022 04.07.2022