N.Devi v. State Of Tamil Nadu,

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.1909 of 2024 N.Devi ...

PETITIONER Vs 1 State Of Tamil Nadu Rep.by its Secretary To Government (home) Prohibition And Excise Department, Fort St.George, Chennai-600 009.

2 The District Magistrate And District Collector, Erode, Erode District. 3 The Superintendent Of Police Erode District.

4 The Superintendent Of Prison Central Prison-Coimbatore, Coimbatore District.

5 The Inspector Of Police All Women Police Station Gobichettipalayam Erode District.

...

RESPONDENTS

PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus, calling for the entire records of the 2nd Respondent in his proceeding Cr.M.P.No.35/Sexual Offender/2024 C1 dated 17.07.2024 to quash the same and consequently direct the respondents to produce petitioner's son (detenu) Viswanathan aged 31 years S/o.Nagaraj, now confined in Central Prison, Coimbatore, set him liberty forthwith.

For Petitioner : Mr.N.Chinnaraj 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 second Respondent/District Magistrate and District Collector, Erode District, in his proceeding Cr.M.P.No.35/Sexual Offender/2024 C1 dated 17.07.2024 is sought to be quashed in the present Habeas Corpus Petition.

2. A perusal of the documents relied on by the detaining authority would reveal that, the detenue had been arrested on 27.05.2024, however the impugned order of detention has been issued on 17.07.2024, after a lapse of more than two months.

3. The fact about the long delay would be sufficient to drop an inference that

the detaining authority has failed to apply their mind for the purpose of issuing the impugned order under Act 14 of 1982.

4. Hence, for the aforesaid reason, the detention order passed by the second Respondent/District Magistrate and District Collector, Erode District, in his proceeding Cr.M.P.No.35/Sexual Offender/2024 C1 dated 17.07.2024 is quashed and the Habeas Corpus Petition is allowed. The detenue, viz., Viswanathan aged 31 years S/o.Nagaraj, now confined in 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

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

mrp To 1 State Of Tamil Nadu Rep.by its Secretary To Government (home) Prohibition And Excise Department, Fort St.George, Chennai-600 009.

2 The District Magistrate And District Collector, Erode, Erode District. 3 The Superintendent Of Police Erode District.

4 The Superintendent Of Prison Central Prison-Coimbatore, Coimbatore District.

5 The Inspector Of Police All Women Police Station Gobichettipalayam Erode District.

6 The Public Prosecutor High Court, Madras.

H.C.P.No.1909 of 2024 30.08.2024