Thilipan @ Thileeban @ Dileep, v. The State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.16130 of 2024 Thilipan @ Thileeban @ Dileep ... Petitioner Vs.
1. The State Rep. by The Additional Secretary to Government, Public (Foreigners-I) Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The District Collector, Trichy District, Trichy.
3. The Deputy Inspector General of Police, Intelligence (Security) I/c, DIG, Intelligence (International Security), Chennai.
4. The Superintendent of Police, Q-Brach CID, Chennai.
... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the first respondent in Ref No.G.O.(1D)No.152 dated 01.04.2021 and quash the same.
For Petitioner : Mr.R.Saranya For M/s.Murali Law Firm For Respondents For R1 & R2 : Mr.P.Balathandayutham Special Government Pleader For R3 & R4 : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)
ORDER
This Writ Petition has been filed challenging order dated 01.04.2021, passed by the first respondent in Ref No.G.O.(1D)No.152, thereby directed the petitioner not to leave the boundaries of Special Camp at Tiruchirappalli.
2.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.
Based on the order received from the Ministry of Home Affairs, Government of India dated 05.07.2022, a case has been registered in Crime No.RC-29/2022INIA/DLI for the offences punishable under Section 120(b) of IPC and Sections 17, 18, 20, 38, 39
& 40 of the Unlawful Activities (Prevention) Act, 1967 and Section 8(c) r/w Section 21(c), 23(c), 24, 27A, 28 & 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 as against the petitioner. He also involved in another case in Crime No.01 of 2020 for the offences under Sections 420, 465, 468 & 471 r/w 14A(b) of Foreigners Act, 12(1)(c) of Passport Act by the Inspector of Police, Q Brach, CID, Kancheepuram. 4.
In pursuant to these cases, the first respondent passed order in G.O.(1D).No.152 dated 01.04.2021, thereby directed the petitioner shall not leave the boundaries of special camp at Trichy, in the event of his release from prison. Though the petitioner moved bail, the trial Court dismissed the bail petition. Aggrieved by the same, the petition filed an appeal before this Court in Crl.A.No.1279 of 2023 and the same is pending. Now the petitioner confined at Central Prison, Puzhal. 5.
The impugned order has been passed in accordance with the provisions under Section 3(2)(e) of the Foreigners Act, and as per the powers delegated to the State Government and as per the procedures laid down in the law. The first respondent is the competent authority to pass orders and accordingly he passed order by imposing restriction on the
movement of the petitioner that too in the event of his release from the prison. This Court finds no infirmity or illegality in the order passed by the first respondent and the writ petition is devoid of merits and liable to be dismissed.
6.
Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
28.02.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order rts
To
1. The Additional Secretary to Government, Public (Foreigners-I) Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2. The District Collector, Trichy District, Trichy.
3. The Deputy Inspector General of Police, Intelligence (Security) I/c, DIG, Intelligence (International Security), Chennai.
4. The Superintendent of Police, Q-Brach CID, Chennai.
5. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN. J, rts and W.M.P.No.16130 of 2024 28.02.2025 (2/2)