Illian Zdravkov Markov v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN H.C.P.NO.1868 OF 2019 Illian Zdravkov Markov ..

Petitioner Vs

1. The State rep by Home Secretary, Secretariat, Fort St. George, Chennai.

2. The Commissioner of Police, Greater Chennai, Vepery, Chennai

3. The Inspector of Police, Central Crime Branch, Bank Fraud Wing, Vepery, Chennai.

Cr.No.160/2019

4. The Deputy Collector, Kottapattu Refugee Camp, Central Prison Complex, Trichirappalli District ..

Respondent Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, directing the respondents to produce the petitioner Illian Zdravkov Markov, S/o Mr.Zdravkov Markov, aged about 53 years before this Court and set him at liberty.

For Petitioner ..

Mr.P.T.Perumal For Respondents ..

Mr.R.Prathap Kumar Addl.Public Prosecutor

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the respondent police to produce the petitioner Illian Zdravkov Markov, S/o Mr.Zdravkov Markov, aged about 53 years, the present habeas corpus petition is filed.

2. The grievance of the petitioner is that without following any procedure, the petitioner has been detained. 3.

Today when the matter is taken up, the learned Additional Public Prosecutor produced a copy of G.O(1D)No.345 Public (Foreigners-II) Department dated 24.07.2019, wherein, it is stated that in exercise of the powers conferred under Section 3(2)(e) of the Foreigners Act, 1946 (Central Act XXXI of 1946) read with the Notification of the Government of India, Ministry of Home Affairs, New Delhi No.4/3/56 (i) F-1, dated 19th April, 1958, for restricting the movement of Petar Velikov Petrov and Ilian Zdrakov Markov, Bulgarian Nations, the Governor of Tamil Nadu hereby orders that they shall reside in the Special Camp identified and located by the District Collector, Thiruchirappalli District in the event of their release from prison till deportation.

4.

The learned Additional Public Prosecutor would submit that in pursuance of the case registered against the petitioner in Cr.No.160 of 2019 for the offence punishable under Sections 120(B) r/w 420, 465 467, 468, 471 IPC and 66 r/w 43 IT Act, the petitioner was remanded under judicial custody on 09.05.2019 by the learned Judicial Magistrate, Alandur, Chennai - 600 016 and the remand period was extended upto 11.07.2019 and after the expiry of the extended remand period, the petitioner has been kept in the Special Camp. 5.

Accordingly, the habeas corpus petition is closed with liberty to the petitioner to challenge the aforesaid order, if he is so advised.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sr

To

1. The State rep by Home Secretary, Secretariat, Fort St. George, Chennai.

2. The Commissioner of Police, Greater Chennai, Vepery, Chennai

3. The Inspector of Police, Central Crime Branch, Bank Fraud Wing, Vepery, Chennai.

Cr.No.160/2019

4. The Deputy Collector, Kottapattu Refugee Camp, Central Prison Complex, Trichirappalli District H.C.P.No.1868 of 2019 PM(CO) CS/31/10/2019