Ayisha v. State Of Tamil Nadu Represented 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.499 OF 2020 Ayisha ... Petitioner Vs
1. The State of Tamil Nadu rep by its Secretary to Government Home, Prohibition and Excise Department 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 entire records in Memo No.80/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 diret the respondent to produce the petitioner husband Thangaraj, Son of Rajendran 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 wife of the detenu has challenged the detention order passed against the detenu in Memo
No.80/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 previous cases. 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 93 to 95 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.80/BCDFGISSSV/2020 dated 07.02.2020 is quashed. The detenu viz., Thangaraj, Son of Rajendran 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(CO) //True Copy// Sub Assistant Registrar ay To
1. The Secretary to Government Home, Prohibition and Excise Department Chennai-600 009.
2. The Commissioner of Police, Greater Chennai, Office of Commissioner of Police, Vepery, Chenai 7.
3. The Superintendent, Central Prison, Puzhal-II, Chennai.
4. The Public Prosecutor, High Court of Madras, Chennai.
5. The Joint Secretary Public (Law and Order) Department Chennai - 600 009.
H.C.P.No.499 of 2020 CP(CO) CS/30/09/2020