Veeramani v. The State Of Tn
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2024 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN H.C.P.No.2896 of 2024 Thiru.Veeramani ..
Petitioner v.
1. The State of Tamil Nadu Rep. By its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009.
2. The Commissioner of Police, The Greater Chennai City, Chennai District.
3. The Superintendent of Prison, Central Prison, Puzhal, Chennai District.
4. The Inspector of Police, Gama-7, Conventional Crime Investigation wing, Central Crime Branch, Chennai ..
Respondents
Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus to call for the records of the 2nd respondent in his proceedings No.642/BCDFGISSSV/2024 dated 07.06.2024 to quash the same and consequently, direct the respondents to produce the petitioner (Veeramani, S/o.Mathimaran, aged 39 years) before this Court now confined in Central Prison, Puzhal set him liberty forthwith. For Petitioner ::
Mr.E.Vinoth Kumar For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor for R1 to R4
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The petitioner/detenue has come forward with this petition challenging the detention order passed by the second respondent in proceedings No.642/BCDFGISSSV/2024 dated 07.06.2024. 2.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3.
The detenue was arrested on 29.05.2024 and he is under detention for about six months. There is no adverse case relied on by the detaining authority in the impugned order. The ground case registered can be dealt with in the law of the land. Thus, keeping the detenue under the cover of preventive detention law may not be required as the subjective satisfaction has not been made out.
4.
Thus, the detention order passed by the second respondent in proceedings No.642/BCDFGISSSV/2024 dated 07.06.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Veeramani, S/o.Mathimaran, aged 39 years, now confined at Central Prison, Puzhal, is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
Index : yes (S.M.S.,J.) (M.J.R.,J.) 28.11.2024 rka
To
1. The State of Tamil Nadu Rep. By its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009.
2. The Commissioner of Police, The Greater Chennai City, Chennai District.
3. The Superintendent of Prison, Central Prison, Puzhal, Chennai District.
4. The Inspector of Police, Gama-7, Conventional Crime Investigation wing, Central Crime Branch, Chennai
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
rka 28.11.2024