B. Kumari v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL B.Kumari W/o.Suresh .. Petitioner/Cousin sister of Detenu Vs.

1.State of Tamilnadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

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

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

4.The Inspector of Police, V-4, Rajamangalam Police Station, Chennai.

.. Respondents Page Nos.1/4

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records relating to the detention order in Memo No.472/BCDFGISSSV/2022 dated 17.12.2022 passed by the second respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's cousin brother Thuppakki Sekar @ Sekar, S/o.Subramani aged about 47 years the detenu, now confined in Central Prison, Puzhal, Chennai before this Court and set the petitioner's cousin brother Thuppakki Sekar @ Sekar, S/o.Subramani aged about 47 years the detenu herein at liberty. For Petitioner : Mr.T.Palani For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] When the captioned matter was taken up, Mr.T.Palani, learned counsel for petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor appearing for all four respondents submitted in one voice that the detenu has since been convicted in the ground case in and by an order dated 03.05.2023 made in C.C.No.1553 of 2023, CNR No.TNCH0F-0094812023 on the file of XIII Metropolitan Magistrate Court, Egmore, Chennai. It Page Nos.2/4

is also pointed out that there are as many as 21 adverse cases besides the ground case. Be that as it may, for the conviction in the ground case, set off qua the period of detention undergone (pursuant to impugned preventive detention order) by the detenu has also been given.

2. In this view of the matter, there is no disputation or contestation that nothing really survives in the captioned HCP.

3. In the light of the narrative thus far, captioned HCP is disposed of as closed.

(M.S.,J.) (R.S.V.,J.) 07.08.2023 Index : Yes/No Speaking order/Non-speaking order rsi Page Nos.3/4

M.SUNDAR, J.

and R.SAKTHIVEL , J.

rsi To 1.The the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

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

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

4.The Inspector of Police, V-4, Rajamangalam Police Station, Chennai.

5.The Public Prosecutor Madras High Court, Chennai.

07.08.2023 Page Nos.4/4