V.Rakesh v. The Secretarty To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR. JUSTICE A.D.MARIA CLETE H.C.P.No.2058 of 2024 V.Rakesh ... Petitioner Vs.
1.
The Secretary to Government, Home Prohibition & Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai Police, Vepery, Chennai.
The Superintendent of Police, Central Prison, Puzhal, Chennai.
The Inspector of Police, P-5, M.K.B Nagar Police Station, Chennai.
.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records pertaining to the order of detention passed by the second respondent in his proceedings in No. 721/BCDFGISSSV/2024 dated 26.06.2024 and quash the same as illegal and produce the detenu, namely Praveenkumar, S/o. Venkatesan, aged 22 years, GOONDA now he is confined in Central Prison, Puzhal II, Chennai before this Court and set him at liberty.
For Petitioner : Mr.C.Raja For Respondents : Mr. E. Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The preventive detention order passed by the second respondent dated 26.06.2024 is sought to be quashed in the present habeas corpus petition. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents. The learned Additional Public Prosecutor would submit that the similar case relied on by the detaining Authority is dissimilar. In the similar
case, bail was granted where the accused therein was facing criminal case registered under Section 307 of IPC. However, in the case of detenu, there is no case registered under Section 307 of IPC, but criminal case was registered under Sections 324 and 506 (ii) of IPC. Therefore, the detaining Authority has not applied his mind while passing the order of detention. For the aforesaid reasons, the detention order passed by the second respondent in proceedings No. 721/BCDFGISSSV/2024 dated 26.06.2024 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Praveenkumar, S/o. Venkatesan, aged 22 years, confined at Central Prison, Puzhal II, Chennai, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case. [S.M.S., J.] [A.D.M.C.,J.] 25.09.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No sli
S.M.SUBRAMANIAM, J.
AND DR. JUSTICE A.D.MARIA CLETE, J.
sli To 1.
The Secretary to Government, Home Prohibition & Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai Police, Vepery, Chennai.
The Superintendent of Police, Central Prison, Puzhal, Chennai.
The Inspector of Police, P-5, M.K.B Nagar Police Station, Chennai.
.
5.
The Public Prosecutor, Madras High Court, Chennai - 104.
H.C.P.No.2058 of 2024 25.09.2024