Karuppayee v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.376 of 2016 Karuppayee ... Petitioner .Vs.

1. State of Tamil Nadu Rep.by the Secretary to Government, Home, Prohibition Excise Department, Fort St.George, Chennai - 600 009.

2. The Commissioner of Police, Chennai City Police, Office of the Commissioner of Police, Chennai-7.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, directing the respondents to produce the body of the detenu -C. Dhanasekaran, son of Chandran, aged 32 years, resident of No.72, 9th Street, Annai Sivagami Nagar, Ennore, Chennai-57, now detained in the Central Prison, Puzhal, Chennai in pursuance of the detention order No.78/BCDFGISSSV/2016 dated 08.02.2016 passed by the 2nd respondent Commissioner of Police, Chennai and set the detenue at liberty.

For Petitioner : Mr.Senthilvel for Mr.K.Devaraj For Respondents : Mr.A.N.Thambidurai, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner, who is the mother of the detenu Dhanasekaran, son of Chandran, aged about 32 years, has come forward with this petition, challenging the detention order passed by the second respondent, dated 08.02.2016, against her

son branding him as a "Bootlegger" as contemplated under Section 2(b) of the Tamil Nadu Act 14 of 1982.

2.

We have heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully. 3.

It is stated by the learned Counsel for the petitioner that in respect of the third adverse case, no application seeking bail was filed.

4.

But the fact remains that in the other cases, he filed bail applications and therefore, there is likelihood of the petitioner moving a bail application in this case also and coming out on bail. It is also brought to the notice of this Court that he had got 37 other cases against him. 5.

The learned Counsel for the petitioner is not in a position to make out any ground to interfere with the order of detention dated 08.02.2016 passed by the 2nd respondent. 6.

In view of all the above, the Habeas Corpus Petition fails and the same is accordingly dismissed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar tsi To

1. The Secretary to Government, Home, Prohibition Excise Department, Fort St.George, Chennai - 600 009.

2. The Commissioner of Police, Chennai City Police, Office of the Commissioner of Police, Chennai-7.

3. The Superintendent, Central Prison, Puzhal, Chennai 66.

4. The Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.K.Devaraj, Advocate, S.R.No.35810 H.C.P.No.376 of 2016 MP I(CO) CA(18/07/2016)