S.Manogar v. The State Represented By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI S.Manogar S/o.Srinivasan .. Petitioner/Father of the Detenu Vs.
1.State Represented by its Home Secretary to the Government of Tamil Nadu, Home Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Tambaram City, Tambaram.
3.The Inspector of Police, T-10, Manimangalam Police Station, Kanchipuram District.
4.The Superintendent of Prison, Central Prison, Puzhal.
.. Respondents Page Nos.1/12
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records in relating to the order of Detention passed by the second respondent dated 15.09.2022 in BCDFGISSSV No.143/2022 against the petitioner's son the Detenue Thiru.Yogeswaran @ DJ, Male, aged about 19 years, son of Manohar, who is confined at Central Prison, Puzhal and set aside the same and direct the respondents to produce the detenue before this Court and set him at liberty. For Petitioner :
Mr.T.Perinbanathan For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate
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 father of detenu assailing a 'preventive detention order dated 15.09.2022 bearing reference No.143/BCDFGISSSV/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, third respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.
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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, Sandoffenders, 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 is no adverse case. The ground case which is the sole substratum of the impugned detention order is Crime No.265 of 2022 on the file of T-10, Manimangalam Police Station for alleged offences under Sections 294(b), 341 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.
Mr.T.Perinbanathan, learned counsel 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 that co-accused in the ground case were also Page Nos.3/12
clamped with similar preventive detention order and the same were challenged before this Court vide H.C.P.Nos.2160, 2242 and 2293 of 2022 and HCPs were allowed by an order dated 18.04.2023 and 02.06.2023, respectively, made by this Court. A scanned reproduction of one of the orders made in H.C.P.No.2160 of 2022 is as follows:
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6. In the hearing it emerges clearly that the point on which the aforementioned HCP is allowed is available to the detenu in the case on hand also. Therefore, captioned HCP also has to be allowed. Page Nos.10/12
7. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 15.09.2022 bearing reference No.143/BCDFGISSSV/2022 made by the second respondent is set aside and the detenu Thiru.Yogeswaran @ DJ, aged 19 years, son of Thiru.Manohar, now detained in Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith unless required in connection with any other case/s. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 05.06.2023 Index : Yes Speaking order rsi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal, Chennai.
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M.SUNDAR, J.
and K.GOVINDARAJAN THILAKAVADI, J.
rsi To 1.The Home Secretary to the Government of Tamil Nadu, Home Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Tambaram City, Tambaram.
3.The Inspector of Police, T-10, Manimangalam Police Station, Kanchipuram District.
4.The Superintendent of Prison, Central Prison, Puzhal.
5.The Public Prosecutor High Court, Madras.
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