Murugan @ Palayam Murugan v. The State O Tamilnadu Rep.By Its, Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR Murugan @ Palayam Murugan ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai-600 009.
2.The District Collector and District Magistrate, Coimbatore District, Coimbatore.
3.The Superintendent of Police, Coimbatore District, Coimbatore.
4.The Superintendent, Central Prison Coimbatore, Coimbatore District.
5.The Inspector of Police,
Thadagam Police Station, Coimbatore, Coimbatore District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records in Cr.M.P.No.28/D.O/2024 dated 31.05.2024 on the file of 2nd respondent and quash the same as illegal and consequently direct the respondents to produce the petitioner namely Murugan @ Palayam Murugan, S/o.Murugesh Nadar, aged about 69 years, who is detained in Central Prison, Coimbatore, before this Court and set him at liberty. For Petitioner : Ms.S.Sridevi For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
(Order of the Court was made by M.S. RAMESH, J.) The petitioner herein, who is the detenu namely Murugan @ Palayam Murugan, aged about 69 years, S/o.Murugesh Nadar, has come forward with this petition challenging the detention order passed by the second respondent dated 31.05.2024 issued against him, branding him as "Drug Offender" under the Tamil Nadu Prevention of Dangerous
Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.
3. In identical circumstances, the similar prayer was considered by this Court in H.C.P.No.2933 of 2024 dated 29.11.2024, wherein, the detention order dated 08.06.2024 was set aside on the ground of inordinate delay in passing the detention order.
4. Since the detenu in H.C.P.No.2933 of 2024 was the co-accused of the present petitioner/detenu, who were arrested for the similar offences, we are inclined to set the petitioner/detenu herein also at liberty.
5. Accordingly, the detention order passed by the second respondent on 31.05.2024 in Cr.M.P.No.28/D.O/2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Murugan @ Palayam Murugan, aged about 69 years, S/o.Murugesh Nadar, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
[M.S.R, J.] [N.S, J.] 22.04.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni
To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Chennai-600 009.
2.The District Collector and District Magistrate, Coimbatore District, Coimbatore.
3.The Superintendent of Police, Coimbatore District, Coimbatore.
4.The Superintendent, Central Prison Coimbatore, Coimbatore District.
5.The Inspector of Police, Thadagam Police Station, Coimbatore, Coimbatore District.
6.The Public Prosecutor, High Court, Madras.
7.The Joint Secretary, Public (Law & Order), Chennai - 600 009.
M.S.RAMESH, J.
and N. SENTHILKUMAR, J.
Sni 22.04.2025