V. Santhi v. The 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 Mrs.V.Santhi ..

Petitioner v.

1. The State of Tamil Nadu rep.by its Secretary to Government Prohibition and Excise Department Fort St.George, Chennai 600 009

2. The Commissioner of Police Greater Chennai Chennai District

3. The Superintendent Central Prison Puzhal Puzhal, Chennai

4. The Inspector of Police H-8, Thiruvottiyur Police Station Thiruvottiyur, Chennai District ..

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 in

detention order passed in No.790/BCDFGISSSV/2024 dated 23.07.2024 passed by the 2nd respondent herein and quash the same and direct the respondents herein to produce the body of the detenu namely Thiru.Jeeva @ Jeevanandam, Male, aged 24, S/o Vedhachalam, No.2, Raja Shanmugam Nagar, 7th Street, Thiruvotriyur, Chennai 600 019, who is now confined in the Central Prison, Puzhal, Chennai before this Hon'ble Court and set him at liberty.

For Petitioner ::

Mr.R.Dinesh Kumar 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.790/BCDFGISSSV/2024 dated 23.07.2024 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 order of detention sought to be assailed and the facts as narrated would reveal that the order of detention has been passed based on

one adverse case and the ground case against the detenu. Though the alleged offence has been committed nearby bus stand in respect of the ground case, we are of the opinion that the said case can be proceeded with in accordance with law under the law of the land. The preventive detention may not be required in such cases and thus, we are inclined to interfere with the detention order.

4. In the light of the above, the detention order passed by the second respondent in No.790/BCDFGISSSV/2024 dated 23.07.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Thiru.Jeeva @ Jeevanandam, S/o Vedhachalam, aged 24 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 Secretary to Government Prohibition and Excise Department Fort St.George Chennai 600 009

2. The Commissioner of Police Greater Chennai Chennai District

3. The Superintendent Central Prison, Puzhal Chennai

4. The Inspector of Police H-8, Thiruvottiyur Police Station Chennai District

5. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND V.SIVAGNANAM,J.

ss 13.09.2024