Bajila Mohammed Ali v. The State Of Tamil Nadu Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P.No.209 of 2020 Bajila Mohammed Ali ... Petitioner/Mother of Detenue Vs

1. The State of Tamil Nadu, rep. by its Secretary to Government, Prohibition and Excise Department, Fort St.George, Chennai 9.

2. The District Collector and District Magistrate, Office of the District Collector, Erode.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, to produce the body of the detenu namely Sulaiman before this Court and set him at liberty forthwith, by calling for the records pertaining to the detention order dated 24.12.2019 made in Cr.M.P.No.37/Goonda/2019/C1 passed by the 2nd respondent, quash the same.

For Petitioner : Mr.Deepan Uday.

For Respondents: Mr. R. Prathap Kumar, Additional Public Prosecutor.

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference". 2.The Mother of the detenu has filed this Petition challenging the detention order passed by the Second Respondent in Cr.M.P.No.37/Goonda/2019/C1 dated 24.12.2019 under Tamil Nadu Act 14 of 1982 as he has got two adverse cases apart from ground case registered against him for various offences.

3.Heard Mr.Deepan Uday, learned Counsel appearing for the Petitioner and Mr. R. Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents.

4.The records produced before this Court would reveal that intimation of arrest sent through SMS to the relatives of the detenu occurring in Page Number 119, has not been substantiated and the same vitiates the detention order and hence, this Habeas Corpus Petition has to be necessarily allowed. 5.Accordingly, the detention order passed by the Second Respondent in Cr.M.P.No.37/Goonda/2019/C1 dated 24.12.2019 is quashed and the Habeas Corpus Petition is allowed. The detenu viz., Thiru Sulaiman, S/o.Mohamed Ali, aged 21 years, who is confined at Central Prison, Coimbatore is directed to be set at liberty forthwith unless his presence is required in connection with any other case.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai 9.

2.The District Collector and District Magistrate, Office of the District Collector, Erode.

3.The Superintendent of Prisons, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras, Chennai.

5. The Joint Secretary Public (Law and Order) Department Secretariat Fort St. George Chennai - 600 009.

H.C.P.No.209 of 2020 PVS(CO) SP(19/08/2020)