Anjali v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Anjali W/o.Settu ... Petitioner / Mother of the detenu Vs

1. The State of Tamilnadu Rep. by the Principal Secretary to Government Home, Prohibition and Excise Department Chennai - 600 009

2. The Commissioner of Police Tambaram City Office of the Commissioner of Police (Goondas Section) Sholinganallur, Chennai 600 119

3. The Superintendent of Police Central Prison, Puzhal, Chennai - 600 066

4. The Inspector of Police H-3, Maraimalai Nagar Police Station Maraimalai Nagar, Chengalpattu District - 603 209 .. Respondents Page Nos.1/11

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records relating to the detention order vide Memo BCDFGISSSV No.96/2022 dated 27.06.2022 passed by the second respondent and quash the same and direct the respondents herein to produce my son, namely Chinna Thambi @ Alot, son of Settu, aged 21 years (who is presently undergoing detention in the Central Prison, Puzhal) before this Court and set him at liberty. For Petitioner :

Mr.S.Selvakumar for Mr.S.N.Arun Kumar For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.N.Narkeeran, Advocate

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by mother of detenu assailing a 'preventive detention order dated 27.06.2022 bearing reference BCDFGISSSV No.96 of 2022 [hereinafter Page Nos.2/11

'impugned detention order' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.

2. Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Goonda' within the meaning of Section 2(f) of Act 14 of 1982. 3.There are three adverse cases. The ground case which is the sole substratum of the impugned detention order is Crime No.268 of 2022 on the file of Maraimalai Nagar Police Station, for offences Sections 341, 294(b), 386, 392, 307 and 506(ii) of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity]. Owing to the Page Nos.3/11

nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be detained further by facts.

4. Mr.S.Selvakumar, learned counsel representing the counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.N.Narkeeran for all respondents are before us.

5. Both sides submit that a co-accused in the ground case was also clamped with a preventive detention order which is akin to the impugned preventive detention order, co-accused assailed the same by way of H.C.P.No.1499 of 2022 and the same came to be allowed by this Court in and by an order dated 02.03.2023. A scanned reproduction of the order is as follows:

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6. We are informed that the same ground on which the aforementioned HCP was allowed is available to the petitioner/detenu in the captioned matter also. The only difference is, Arrest Intimation Form which has not been translated is at Page 223 of said booklet and the literacy level of the detenu is VI Standard and we are informed that detenu is a school drop out. We reminded of the age old adage 'sauce to goose is sauce to gander too'. The sequitur is, impugned detention order in the captioned HCP is also deserves to be set aside.

7. Ergo, captioned HCP is allowed. Impugned detention order dated 27.06.2022 bearing reference BCDFGISSSV No.96 of 2022 made by the second respondent is set aside and the detenu Thiru.Chinna Thambi @ Alot, male aged 21 years, son of Thiru.Settu, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.

(M.S.,J.) (N.A.V.,J.) 20.03.2023 Index : Yes gpa P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal Page Nos.9/11

To

1. The Principal Secretary to Government State of Tamil Nadu Home, Prohibition and Excise Department Chennai - 600 009

2. The Commissioner of Police Tambaram City Office of the Commissioner of Police (Goondas Section) Sholinganallur, Chennai 600 119

3. The Superintendent of Police Central Prison, Puzhal, Chennai - 600 066

4. The Inspector of Police H-3, Maraimalai Nagar Police Station Maraimalai Nagar, Chengalpattu District - 603 209

5. The Public Prosecutor Madras High Court Chennai Page Nos.10/11

M.SUNDAR, J., and N.ANAND VENKATESH, J., gpa 20.03.2023 Page Nos.11/11