Kalaiselvi v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.2030 of 2024 Kallaiselvi ... Petitioner Vs.
1. State rep.by, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2. The Commissioner of Police, Greater Chennai.
3. The Superintendent of Police, Central Prison - II, Puzhal, Chennai.
4. The Inspector of Police (L & O), K - 10, Koyambedu Police Station, Chennai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records pertaining to the order of detention dated 12.06.2024 passed by the 2nd respondent in No.668/BCDFGISSSV/2024 and quash the same as illegal and direct the respondent to produce the detenu, Thiru.Vellai Selva @ Selva S/o.Chithiraivel, Male, aged about 23 years, now confined at Central Prison - II, Puzhal, Chennai before this Court and set him at liberty.
For Petitioner : Mr.S.Senthilkumar 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 the second respondent in No.668/BCDFGISSSV/2024 dated 12.06.2024, is sought to be quashed in the present Habeas Corpus Petition.
2.The similar order where bail has been granted in Crl.M.P.Nos.18385, 18431 of 2021, dated 21.10.2021, has been relied upon by the detaining authority for invoking Act 14 of 1982. However, the similar case is dissimilar and not connected. The learned Principal Sessions Judge granted bail mainly on the ground that those petitioners were no way connected with the alleged offence and they have been falsely implicated in the case. Moreso, bail was granted in that case since co-accused was granted bail by the High Court in Crl.O.P.No.18051 of 2021, dated 07.10.2021. Thus, the reliance placed on by the detaining authority is not relevant and thus, there is no application of mind. 3.Accordingly, the impugned order of detention in
No.668/BCDFGISSSV/2024 dated 12.06.2024 is quashed and the Habeas Corpus Petition stands allowed. The detenue, namely, Vellai Selva @ Selva S/o.Chithiraivel, Male, aged about 23 years, now confined in Central Prison - II, Puzhal, Chennai, 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 11.09.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To
1. State rep.by, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2. The Commissioner of Police, Greater Chennai.
3. The Superintendent of Police, Central Prison - II, Puzhal, Chennai.
4. The Inspector of Police (L & O), K - 10, Koyambedu Police Station, Chennai.
5. The Public Prosecutor, High Court, Madras.
S.M.SUBRAMANIAM, J.
AND
V.SIVAGNANAM, J.
sli H.C.P.No.2030 of 2024 11.09.2024