K.Elumalai v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR K.Elumalai S/o.Kannan .. Petitioner/father of Detenu Vs.
1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Veppery, Chennai.
3.The Superintendent of Police, Central Prison, Puzhal, Chennai.
4.The Inspector of Police (Law & Order), D-2, Anna Salai Police Station, Chennai.
.. Respondents 1/12
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records in connection with the order of detention passed by the second respondent dated 17.06.2022 in BCDFGISSSV No.162 of 2022 against the petitioner's son Yuvaraj, male aged about 26 years, son of Elumalai, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner :
Mr.A.Venkateswara Babu For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.] When the matter came up for admission on 02.02.2023, this Bench made an order and a scanned reproduction of the same is as follows: 2/12
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2. Mr.A.Venkateswara Babu, learned counsel for petitioner and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all respondents are before us.
3. We are informed that co-accused was clamped with a similar preventive detention order which was challenged before this Court vide H.C.P.No.1424 of 2022 and HCP was allowed vide order dated 10.01.2023, which reads as follows:
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6. From the averments made and a perusal of the case file it is clear that the point on which the aforementioned HCP was allowed is available to the petitioner in the case on hand also. The sequitur is captioned HCP deserves to be allowed on the same point.
8. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 17.06.2022 bearing reference BCDFGISSSV No.162 of 2022 made by the second respondent is set aside and the detenu Thiru.Yuvaraj, male, aged 26 years, Son of Thiru.Elumalai 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.) 24.04.2023 Index : Yes Speaking rsi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal, Chennai.
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To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Veppery, Chennai.
3.The Superintendent of Police, Central Prison, Puzhal, Chennai.
4.The Inspector of Police (Law & Order), D-2, Anna Salai Police Station, Chennai.
5.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J.
and M.NIRMAL KUMAR, J.
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