Krithika v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.1251 of 2022 Krithika W/o.Thaniga @ Thanigachalam ..
Petitioner 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 Greater Chennai Chennai City Vepery, Chennai-600 007.
3.
The Superintendent of Central Prison Central Prison, Vellore Vellore- 632 002 4.
The Inspector of Police S-7 Madipakkam Police Station Chennai ..
Respondents Page Nos.1/17
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records relating to the detention order vide Memo No.144/BCDFGISSSV/2022 dated 03.06.2022 passed by the second respondent and set aside the same and direct the respondents to produce the petitioner's husband Thaniga @ Thanigachalam, son of Palayam, aged 33 years, the detenu now confined in Central Prison, Vellore before this Court and set him at liberty. For Petitioner :
Mr.P.Rajkumar Pandian representing Mr.M.Baskar For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Habeas Corpus Petition' ['HCP'] has been filed in this Court on 29.06.2022 assailing a 'detention order dated 03.06.2022 bearing reference No.BCDFGISSSV No.144/2022' made by the second respondent.
2. The 'detention order' shall be referred to as 'impugned detention order' and 'second respondent ' shall be referred to as 'Detaining Authority' for the sake of convenience and clarity.
Page Nos.2/17
3. To be noted, fourth respondent who is the jurisdictional Inspector of Police is the Sponsoring Authority.
4. When the matter was taken up, Mr.P.Rajkumar Pandian, learned counsel representing Mr.M.Baskar, counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor are before us. Both sides submit that there are multiple accused in the ground case and preventive detention orders have been clamped against all the accused. As many as 14 HCPs filed by other co-accused have been allowed by this Court. The tabulation in this regard is as follows: SI.No.
H.C.P.Number Name of the petitioner Name of the Detenu Date of order allowing HCP HCP.No.709/ 2022 R.Manjula Vignesh @ Appu 01.11.2022 HCP No.710/2022 M.Sharmila Bhuvaneswar@ Magesh 26.09.2022 HCP No.711/2022 G.Radha Sanjai @ Ajai 26.09.2022 HCP No.714/2022 D.Sumathi Naveen @ Narambu 01.11.2022 HCP.No.742/2022 A.Lokeshwaran Kishorekumar @Kishore 01.11.2022 HCP.No.869/2022 Nirmala Arun @Kebi 17.10.2022 HCP.No.1007/2022 Saranya Murugesan 15.12.2022 Page Nos.3/17
SI.No.
H.C.P.Number Name of the petitioner Name of the Detenu Date of order allowing HCP HCP No.1096/2022 Menaka Kutty@uma Maheswaran 04.01.2023 HCP.No.1119/2022 Fathima Ravi @ Ramesh 23.12.2022 HCP No.1256/2022 P.Senthilkumar Gauthaman 23.12.2022 HCP No.1326/2022 Kausalya Sathishkumar 10.01.2023 HCP No.1139/2022 Raja Arun Kumar @ Mannu Muttai, 17.10.2022 HCP No.1297/2022 Govindaraj Pandian Muthusarava 01.02.2023 nan @ Thala, HCP No.1317/2022 M.Saraswathi Manikandan 01.02.2023 @ Live Mani
5. Both sides submit without any disputation or disagreement that the impugned detention orders in all the aforesaid matters and the captioned matter are identical i.e., ad verbatim the same, the trajectory the matters have taken is also similar and the point/points on which the aforementioned 14 HCPs have been allowed is/are available to the petitioner in the captioned HCP also. Therefore, we deem it appropriate to scan and reproduce two of the aforementioned 14 orders, one order dated 01.11.2022 made in H.C.P.No.709 of 2022 and the other dated 26.09.2022 in H.C.P.No.710 of 2022, which are as follows:
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6. To be noted, the above matters i.e., H.C.P.Nos.709 of 2022 and 710 of 2022 have been allowed inter alia on the ground that right to make an effective representation qua the detenu has been hampered.
7. As there is no disputation that same points are available to the detenu in the captioned HCP also, we deem it appropriate to allow the captioned HCP also.
In the result, the detention order dated 03.06.2022 bearing reference 144/BCDFGISSSV/2022 made by the second respondent is set aside and detenu Thaniga @ Thanigachalam, son of Palayam, male, aged 33 years, is directed to be set at liberty forthwith unless required in connection with any other case/s. Learned counsel for petitioner submits that at the time of detention order was made the detenu was lodged in Central Prison, Vellore. We are now informed that detenu has since been transferred to Central Prison, Puzhal, (M.S.,J.) (M.N.K.,J.) 03.02.2023 gpa P.S: Registry to forthwith communicate this order to jail authorities in Central Prison, Puzhal Page Nos.13/17
M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa To
1. The Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort. St. George, Chennai - 600 009 2.
The Commissioner of Police Greater Chennai Chennai City Vepery, Chennai-600 007.
3.
The Superintendent of Central Prison Central Prison, Puzhal 4.
The Inspector of Police S-7 Madipakkam Police Station Chennai 5.
The Public Prosecutor High Court, Madras.
H.C.P.No.1251 of 2022 03.02.2023 ADDENDUM/ERRATA Page Nos.14/17
H.C.P.No.1251 of 2022 M.SUNDAR, J.
and M.NIRMAL KUMAR, J.
(Order of the Court was made by M.SUNDAR, J.) Captioned matter is listed today (09.02.2023) under the cause list caption 'FOR BEING MENTIONED' at the instance of the Registry as an inadvertent typographical/secretarial error had crept in qua order dated 03.02.2023.
The inadvertent error is, the detenu's father name and age have been wrongly mentioned in the operative portion / paragraph of the order, i.e., last paragraph. Therefore, the last paragraph in the above order alone will now read as follows:
'In the result, the detention order dated 03.06.2022 bearing reference 144/BCDFGISSV/2022 made by the second respondent is set aside and detenu Mr.Thaniga @ Thanigachalam, male, aged 33 years, son of Mr.Palayam, is directed to be set at liberty forthwith unless required in Page Nos.15/17
connection with any other case/s. Learned counsel for petitioner submits that at the time of detention order was made, the detenu was lodged in Central Prison, Vellore. We are now informed that detenu has since been transferred to Central Prison, Puzhal.'
All other paragraphs and contents of the order will remain same. Registry is directed to carry out necessary corrections and issue order copy afresh with this order as an Addendum/Errata.
(M.S., J.) (M.N.K., J.) 09.02.2023 vvk Page Nos.16/17
M.SUNDAR, J.
and M.NIRMAL KUMAR, J.
vvk H.C.P.No.1251 of 2022 09.02.2023 Page Nos.17/17