Madras High CourtHCP/464/2020allowed

Prabakaran v. The State Of Tamilnadu Rep.By Its

2020-09-15Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.464 of 2020 Prabakaran ... Petitioner/Friend of detenue Vs 1.The Secretary to the Government Home, Prohibition and Excise Department Fort St.George, Chennai 600 009.

2.The Commissioner of Police Chennai City, 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 to call for the records relating to the detenu's detention order passed by the 2nd respondent dated 23.01.2020 in BCDFGISSSV No.35/2020 and set aside the same and produce the detenu K.Santhosh, male aged about 27 years, S/o Krishnan, now detained in Central Prison, Puzhal, Chennai, before this Court and set him at liberty.

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

A D V A N C E O R D E R (Order of the court was made by N.KIRUBAKARAN.J.,) The Habeas Corpus Petition is allowed and the detention order passed by the second respondent in BCDFGISSSV No.35/2020 dated 23.01.2020 is hereby set aside.

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2. The detenu, viz.,K.Santhosh, male aged about 27 years, S/o Krishnan, who is 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. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar Jer To 1.The Secretary to the Government Home, Prohibition and Excise Department Fort St.George, Chennai 600 009.

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

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

4. The Joint Secretary to Government, Public (Law & Order), Fort St George, Chennai.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No.464 of 2020 MR(CO) GMY(16/09/2020) https://hcservices.ecourts.gov.in/hcservices/