A.Adilakshmi v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.473 of 2020 A.Adilakshmi ... Petitioner Vs 1.State of Tamil Nadu represented By Secretary to Government Home, Prohibition and Excise Department Fort St.George Chennai - 600 009.

2.The District Collector and District Magistrate of Ranipet District, Ranipet.

... 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 relating to the detention order passed by the second respondent pertaining to the order made in B3/D.O.No.11/2020 dated 05.02.2020 in detain the detenu under 2 (b) of Tamil Nadu Act 14 of 1982 as a Goonda, and quash the same and direct the respondent to produce the detenu Selvaraj @ Mothan S/o Chinnaiyan, aged about 37 years, who is detained at Central Prison, Vellore before this Court and set him at liberty. For Petitioner : Mr.C.Nirmal Krishnan 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 Conferencing". 2.The Petitioner who is the wife of the detenu has challenged the detention order passed against the detenu in B3/D.O.No.11/2020 dated 05.02.2020 by the Second Respondent based on the ground case registered against him for the offence under Section 302 of Indian Penal Code.

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3.Heard Mr.C.Nirmal Krishnan, 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 ground case's Form 91 referred in the grounds of detention occurring in Page Number 69 of the booklet supplied to the detenu, is illegible 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 B3/D.O.No.11/2020 dated 05.02.2020 is quashed and this Habeas Corpus Petition is allowed. The detenu viz., Selvaraj @ Mothan S/o Chinnaiyan, aged about 37 years, who is detained at Central Prison, Vellore, is directed to be set at liberty forthwith unless his presence is required in connection with any other case.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ay To 1.The Secretary to Government State of Tamil Nadu Home, Prohibition and Excise Department Fort St.George,Chennai - 600 009.

2.The District Collector and District Magistrate of Ranipet District, Ranipet.

3.The Superintendent, Central Prison, Vellore.

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.473 of 2020 A.SK(29/09/2020) https://hcservices.ecourts.gov.in/hcservices/