Anandan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.2331 of 2024 Anandan .... Petitioner Vs 1 The Additional Chief Secretary to the Government, Home, Prohibition & Excise Department, Secretariat, Government of Tamil Nadu, Fort St. George, Chennai 600 009.

2. The Commissioner of Police, Greater Chennai.

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

4. The Inspector of Police, (L&O), B-2 Esplanade Police Station, Chennai ....

Respondents

PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the records of pertaining to the order of detention dated 05.07.2024 passed by the 2nd respondent in No.757/BCDFGISSSV/2024 and quash the same as illegal and direct the respondent to produce the detenu Thiru Anandan, S/o. Boobalan, Male, aged about 25 years, now confined at Central Prison-II, Puzhal, Chennai before this Court and set him at liberty. For Petitioner : Mr. S.Senthil Kumar, For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court is made by S.M.SUBRAMANIAM, J.) The order of detention passed by the Commissioner of Police, Greater Chennai, in No.757/BCDFGISSSV/2024, dated 05.07.2024, is sought to be quashed in the present Habeas Corpus Petition.

2. The Status Report submitted by the Sponsoring Authority is undated. The above lapses on the part of the authority would be sufficient for the purpose of setting aside the order of detention.

3. Accordingly, the detention order passed by the second respondent in No.757/BCDFGISSSV/2024, dated 05.07.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., Anandan, S/o. Boobalan, Male, aged about 25 years, now confined at Central Prison-II, Puzhal, Chennai , is directed to be set at liberty forthwith, unless he is required in connection with any other case. [S.M.S., J.] [V.S.G., J.] 03.10.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp To 1 The Additional Chief Secretary to the Government, Home, Prohibition & Excise Department, Secretariat, Government of Tamil Nadu, Fort St. George, Chennai 600 009.

2. The Commissioner of Police, Greater Chennai.

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

4. The Inspector of Police, (L&O), B-2 Esplanade Police Station, Chennai

5. The Public Prosecutor, High Court, Madras.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

mrp H.C.P.No.2331 of 2024 03.10.2024