Allis Leelavathy v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.411 of 2020 Mrs.Allis Leelavathy ... Petitioner Vs 1.The State of Tamil Nadu, Represented by its Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

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

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records made in BCDFGISSSV/No.745/2019 dated 01.11.2019 on the file of Second Respondent herein and quash the same as illegal and direct the respondents to produce the detenu Sathiya @ Sathiyanesan, son of Dhivyanathan, aged 26 years, now confined at Central Prison, Puzhal, Chennai, before this Court and set him at liberty.

For Petitioner : Mr.V.Arunkumar.

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 Petitioner who is the mother of the detenu has challenged the detention order passed against the detenu in BCDFGISSSV/No.745/2019 dated 01.11.2019 by the Second Respondent, terming him as 'Goonda' under Section 2 (f) of Tamil

Nadu Act 14 of 1982 as he has got five adverse cases apart from the ground case registered against him. It is also brought to the notice of this Court that he has also got nine previous cases and out of the said cases, two cases have been registered for the offence under Section 302 of Indian Penal Code. 3.Heard Mr.V.Arunkumar, learned Counsel appearing for the Petitioner and Mr. R. Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents. 4.It is seen from the records that the remand order referred in the grounds of detention occurring in Page Numbers 293 to 295 of the booklet has not been properly translated and supplied to the detenu and the same vitiates the detention order. Hence, this Petition has to be necessarily allowed.

5.Accordingly, the detention order passed by the Second Respondent in BCDFGISSSV/No.745/2019 dated 01.11.2019 is quashed. The detenu viz., Sathiya @ Sathiyanesan, son of Dhivyanathan, aged 26 years, now confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith unless his presence is required in connection with any other case.

6.On technical grounds only, the detention order has been quashed by this Court. The very purpose of detention is to prevent the detenu from repeating offences and that public safety is ensured. Since this Court has quashed the detention order, in the interest of public and in the interest of justice, this Court is justified in directing the detenu to appear before the jurisdictional Police Station, every Monday at 11.00 A.M., till 31.10.2020. The very purpose of this direction is to ensure that the detenu does not repeat the commission of offence and that the police can also have a watch over the movement of the detenu, even if he is outside the prison. Accordingly, this petition is allowed.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar ay

To 1.The State of Tamil Nadu, Represented by its Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai 600 009.

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

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

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.411 of 2020 GP(CO) GMY(08/09/2020)