Ajith Kumar v. State Of Tamil Nadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.496 of 2020 Ajith Kumar ... Petitioner/Brother of detenue .Vs.

1. The State of Tamil Nadu rep by its Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai-600 009.

2. The Commissioner of Police, Greater Chennai, Office of Commissioner of Police, Vepery, Chenai 7.

... 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 in Memo No.79/BCDFGISSSV/2020 passed by the 2nd respondent on 07.02.2020 on the file of the 2nd respondent and quash the same as illegal and consequently direct the respondent to produce the petitioner brother Naveen @ Narambu, male, Son of Durai aged about 22 years, before this Court, who now detained in Central Prison, Puzhal-II, and set him at liberty.

For Petitioner : Mr.A.Elumalai 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 brother of the detenu has challenged the detention order passed against the detenu in Memo No.79/BCDFGISSSV/2020 dated 07.02.2020 by the Second Respondent based on the ground case registered against him for the offence

under Section 302 of Indian Penal Code and it is also brought to the notice of this Court that he has also got three previous cases to his credit.

3.Heard Mr.A.Elumalai, 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 a remand extension order referred in the grounds of detention occurring in Page Numbers 97 to 99 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 Memo No.79/BCDFGISSSV/2020 dated 07.02.2020 is quashed. The detenu viz., Naveen @ Narambu, male, Son of Durai aged about 22 years, who is confined at Central Prison, Puzhal - II, 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 06.02.2021. 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 //True copy// Sub Assistant Registrar To

1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai-600 009.

2. The Commissioner of Police, Greater Chennai, Office of Commissioner of Police, Vepery, Chenai 7.

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

4. The Superintendent, Central Prison, Puzhal-II, Chennai.

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

H.C.P.No.496 of 2020 bs (co) rr ii (07/10/2020)