Sowrama v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1902 of 2024 Sowrama .... Petitioner Vs

1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai 600 009 2 The District Collector and District Magistrate, Coimbatore, 3 The Superintendent of Police, Coimbatore, 4 The Superintendent of Prison, Central Prison-Coimbatore,

5 State Rep. by its The Inspector of Police, PEW-Perur, ....

Respondents PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the entire records relating to the relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order dated 18.07.2024 on the file of the second respondent herein made in proceedings Memo Cr.M.P.No.42/B.L./2024 quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely Mohammed Yosuf@ Salman S/o.Udhuman, aged about 21 years before this Hon'ble High Court and set the petitioner's son at liberty from detention, now the petitioner's son detained at Central Prison, Coimbatore.

For Petitioner : Mr. W. Camyles Gandhi For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court is made by S.M.SUBRAMANIAM, J.) The order of detention passed by the District Collector and District Magistrate, Coimbatore District, Coimbatore, in Cr.M.P.No.42/B.L./2024 dated 18.07.2024, is sought to be quashed in the present Habeas Corpus Petition.

2. The detaining authority relied on the similar bail order granted by the learned Judicial Magistrate, Mettupalayam in Crl.M.P.No.312 of 2024 and formed an opinion that there is likelihood of grant of bail to the detenue in the present case. However, a perusal of the similar case bail order would reveal that it was a statutory bail granted under Section 167(ii) of Cr.P.C. Thus, the detaining authority has not applied mind for the purpose of invoking Preventive Detention of Law.

3. Hence, for the aforesaid reason, the detention order passed by the second respondent in Cr.M.P.No.42/B.L./2024 dated 18.07.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Mohammed Yosuf@ Salman S/o.Udhuman, aged 21 years, now detained in the Central Prison, Coimbatore, is directed to be set at liberty forthwith, unless he is required in connection with any other case.

[S.M.S., J.] [V.S.G., J.] 30.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp

To

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

2 The District Collector and District Magistrate, Coimbatore, 3 The Superintendent of Police, Coimbatore, 4 The Superintendent of Prison, Central Prison-Coimbatore, 5 The Inspector of Police, PEW-Perur,

6. The Joint Secretary to Government, Public ( Law & Order), Fort St. George, Chennai.

7. The Public Prosecutor, High Court, Madras.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

mrp H.C.P.No.1902 of 2024 30.08.2024