Muniyammal v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Muniyammal .. Petitioner Vs.
1.State of Tamil Nadu, Rep. by the Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, O/o.The Commissioner of Police [Goondas Section], Vepery, Chennai - 600 007.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai District.
4.The Inspector of Police, K-4 Anna Nagar Police Station, Chennai.
.. Respondents 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.306/2022 dated 16.09.2022 passed by the second respondent and quash the same and direct the Page Nos.1/10
respondents herein to produce the petitioner's son namely Saravanan, S/o.Jeganathan, aged 30 years [who is presently undergoing detention in the Central Prison, Puzhal, Chennai] before this Court and set him at liberty. For Petitioner :
Ms.D.Prasanna For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.M.Sylvester John
O R D E R
[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 the detenu assailing a 'preventive detention order dated 16.09.2022 bearing reference No.306/BCDFGISSSV/2022' [hereinafter '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 Page Nos.2/10
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 is no adverse case. The ground case which is the sole substratum of the impugned detention order is Crime No.282/2022 on the file of K-4 Anna Nagar Police Station for alleged offences under Sections 147, 148, 341, 324 and 302 of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity]. Owing to the 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.Ms.D.Prasanna, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for all respondents are before us. 5.
We are informed by both sides that co-accused in the ground case was also clamped with identical preventive detention order and that preventive detention order was set aside vide order dated 14.03.2023 in H.C.P.No.2142 of 2022. A scanned reproduction of order in H.C.P.No.2142 Page Nos.
of 2022 is as follows:
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6.We are further informed by both sides without any disputation or Page Nos.7/10
contestation that the points that were available for the co-accused in the aforementioned HCP are now available to the petitioner in the captioned HCP also in her campaign against impugned detention order in the captioned HCP.
7.We are reminded of the age old adage 'Sauce to Goose is sauce to Gander too'. The sequitur is, we have no hesitation in saying that in captioned HCP also the impugned detention order deserves to be dislodged i.e., set aside.
8.Apropos, the sequitur is, captioned HCP is allowed. Impugned detention order dated 16.09.2022 bearing reference No.306/BCDFGISSSV/2022 made by the second respondent is set aside and the detenu Thiru.Saravanan, male aged 30 years, son of Thiru.Jeganathan 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.) (M.N.K.,J.) 03.04.2023 Index : Yes / No Speaking / Non-speaking cse P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal, Chennai.
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To 1.The Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, O/o.The Commissioner of Police [Goondas Section], Vepery, Chennai - 600 007.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai District.
4.The Inspector of Police, K-4 Anna Nagar Police Station, Chennai.
5.The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR, J., cse 03.04.2023 Page Nos.10/10