Leelamma v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.NO.1083 OF 2020 Leelamma ... Petitioner/ Mother of Detenue Vs

1. The State of Tamil Nadu, Rep. by its Secretary of Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.

2. The District Collector and District Magistrate, Krishnagiri District.

3. The Superintendent, Central Prison, Salem - 636 007.

4. The Superintendent of Police, Krishnagiri District.

5. The Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

... 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 leading to the detention of Petitioner's son the detenu, Udhay @ Udayakumar, aged 28, son of Prakash, presently detained in Central Prison, Salem, under Act 14/1982, a 'Goonda' vide the detention order dated 21.11.2019 in S.C.No.29/2019 on the file of the 2nd respondent herein, directing to produce the person or body of the detenu Udhay @ Udayakumar, age 28, son of Prakash, before this Court and thereafter set him at liberty from the Central Prison, Salem by set aside the above order.

For Petitioner : Mr.B.Vasudevan.

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 dated 21.11.2019 in S.C.No.29/2019 is hereby set aside.

2. The detenu, viz., Udhay @ Udayakumar, aged 28, son of Prakash, who is now confined at Central Prison, Salem is directed to be set at liberty forthwith unless his presence is required in connection with any other case.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ay To

1. The State of Tamil Nadu, Rep. by its Secretary of Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.

2. The District Collector and District Magistrate, Krishnagiri District.

3. The Superintendent, Central Prison, Salem - 636 007.

4. The Superintendent of Police, Krishnagiri District.

5. The Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

6. The Joint Secretary to Government Public (Law & Order), Fort St.George, Chennai-9.

7. The Public Prosecutor, High Court, Madras-104.

H.C.P.No.1083 of 2020 RR(CO) CS/17/09/2020