Panchavarnam v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2024 CORAM :
THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM Panchavarnam W/o Paulraj ..
Petitioner v.
1. State of Tamil Nadu rep.by the Additional Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai 600 009
2. The Commissioner of Police Greater Chennai City Office of the Commissioner of Police Vepery, Chennai 600 007
3. The Superintendent of Prison Central Prison Puzhal Chennai 600 066
4. The Inspector of Police F-2 Egmore Police Station Chennai ..
Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, calling for the records relating to the detention order passed by the 2nd respondent in No.625/BCDFGISSSV/2023 dated 24.11.2023 against the petitioner's son David, S/o Paulraj, Male, aged 30 years, the detenu herein, now confined in Central Prison, Puzhal, Chennai and to set aside the detention order and direct the respondents to produce and physically bring the body of the detenu before this Hon'ble Court and set him at liberty. For Petitioner ::
Mr.T.I.Ramanathan 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 2nd respondent in proceedings No.625/BCDFGISSSV/2023 dated 24.11.2023 is sought to be quashed in the present habeas corpus petition.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. The detenu has already been in detention under Act 14 of 1982 for about ten months. The ground case was registered on 13.10.2023. Since the
detenu has already been detained under the preventive detention law for about ten months, the police authorities shall proceed with the criminal case in the manner known to law and the detenu's detention under the preventive law may not be required any further.
4. In the light of the above, the detention order passed by the second respondent in No.625/BCDFGISSSV/2023 dated 24.11.2023 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Thiru.David, S/o Paulraj, aged 30 years, who is presently undergoing detention in the Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith unless he is required in connection with any other case. Index : yes (S.M.S.,J.) (V.S.G.,J.) 13.09.2024 ss To
1. The Additional Secretary to Government Home, Prohibition and Excise Department Fort St.George Chennai 600 009
2. The Commissioner of Police Greater Chennai City Office of the Commissioner of Police Vepery, Chennai 600 007
3. The Superintendent of Prison Central Prison Puzhal Chennai 600 066
4. The Inspector of Police F-2 Egmore Police Station Chennai
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND V.SIVAGNANAM,J.
ss 13.09.2024