Thanikachalam v. The Secretary Of Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2023 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Thanikachalam S/o Rathinavel ..

Petitioner v.

1. The Secretary to Government Home, Prohibition Excise Department Fort St.George Chennai 600 009

2. The Commissioner of Police Greater Chennai

3. The Superintendent of Prison Central Prison, Puzhal, Chennai

4. The Inspector of Police J-8, Neelankarai Police Station ..

Respondents Writ 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 connection with the order of detention passed by the second respondent dated 07.07.2023 in BCDFGISSSV No.303/2023 against the petitioner's son

Thiru.Prabakaran, Male aged about 27 years, son of Thanikachalam, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty.

For Petitioner ::

Mr.M.Illiyas For Respondents ::

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) The petitioner, who is the father of the detenu, namely, Prabakaran, aged 27 years, S/o Thanikachalam, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 07.07.2023 slapped on his son, branding him as 'Goonda' 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 14 of 1982).

2. Heard the learned counsel appearing for the petitioner and the

learned Additional Public Prosecutor appearing for the respondents.

3. Though several grounds are raised in the petition, the learned counsel appearing for petitioner confined his argument to the point that the detenu is furnished with the improper translation of the arrest report filed under Section 62 of Cr.P.C., which vitiates the order of detention.

4. This Court, on perusal of the records, finds that in the English version of the arrest report under Section 62 of Cr.P.C., concerning the ground case, the offence alleged against the detenu is under Sections 323, 427, 397, 336, 506 IPC. Whereas in the Tamil version, the offence is shown to be under Sections 323, 427, 397, 336, 323, 324, 506(2) IPC. Hence, this Court is convinced with the statement of the learned counsel for petitioner that the improper translation of the arrest report vitiates the order of detention.

5. In view of the aforesaid reason, the detention order passed by the 2nd respondent dated 07.07.2023 in BCDFGISSSV No.303/2023 is hereby

set aside and the habeas corpus petition is allowed. The detenu viz., Prabakaran, S/o Thanikachalam, aged 27 years, is directed to be set at liberty forthwith, unless he is required in connection with any other case. Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 11.12.2023 ss To

1. The Secretary to Government Home, Prohibition & Excise Department Fort St.George Chennai 600 009

2. The Commissioner of Police Greater Chennai Vepery, Chennai 600 007

3. The Superintendent of Prison Central Prison, Puzhal, Chennai

4. The Inspector of Police J-8, Neelankarai Police Station Chennai

5. The Public Prosecutor High Court, Madras

S.S.SUNDAR,J.

AND SUNDER MOHAN,J.

ss 11.12.2023