Jayakodi v. The State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1615 of 2024 Jayakodi .... Petitioner Vs 1.The State of Tamilnadu Rep.by its Secretary to Government(Home) Prohibition and Excise Department, Secretariat, Fort St.George, Chenai - 600 009.

2.The District Collector and District Magistrate, O/o.District Collector and District Magistrate, 3.The Superintendent, Central Prison, Cuddalore District.

4.The Superintendent of Police, O/o.Superintendent of Police, 5.The State rep.by its The Inspector of Police, Thirukovilur PEW Police Station, Kallakurichi District.

....

Respondents

PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the records relating to the impugned order of detention passed by the second respondent in D.O.No.C2/15/2024 dated 08.06.2024 and set aside the same and consequently direct the respondents to produce the detenu Sakthivel, son of Ayyakannu aged about 49 years, petitioner's husband now confined at Central Prison, Cuddalore before this Hon'ble Court and set him at liberty forthwith.

For Petitioner : Ms.Raji For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by second respondent/District Collector and District Magistrate, Kallakurichi District, in D.O.No.C2/15/2024 dated 08.06.2024, is sought to be quashed in the present Habeas Corpus Petition.

2. The book let served to the detenue is illegible which resulted in causing prejudice to the detenue. Therefore, deposed the detenue from making effective representation. That apart, the element of likelihood of causing breach of public order has not been sufficiently made out.

3. Accordingly, the impugned order of detention in No. D.O.No.C2/15/2024 dated 08.06.2024, is quashed and the Habeas Corpus Petition stands allowed. The detenue, namely, Sakthivel, son of Ayyakannu aged about 49 years, now confined at Central Prison, Cuddalore, is directed to be set at liberty forthwith unless he is otherwise required in connection with any other case. [S.M.S., J.] [V.S.G., J.] sli 13.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To 1.The State of Tamilnadu Rep.by its Secretary to Government(Home) Prohibition and Excise Department, Secretariat, Fort St.George, Chenai - 600 009.

2.The District Collector and District Magistrate, O/o.District Collector and District Magistrate, 3.The Superintendent, Central Prison, Cuddalore District.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

sli 4.The Superintendent of Police, O/o.Superintendent of Police, 5.The State rep.by its The Inspector of Police, Thirukovilur PEW Police Station, Kallakurichi District.

6. The Public Prosecutor, High Court, Madras. H.C.P.No.1615 of 2024 13.08.2024