Janani v. The Addl. Chief Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2024 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE V.SIVAGNANAM Janani D/o Siva ..
Petitioner v.
1. The Addl. Chief Secretary to the Government Government of Tamil Nadu (Home) Prohibition & Excise Department Secretariat, Fort St.George Chennai 600 009
2. The Commissioner of Police Office of the Commissioner of Police (Goondas Section), Vepery Chennai 600 007
3. The Superintendent of Prison Central Prison, Puzhal Chennai 600 066
4. The State rep.by The Inspector of Police (Law & Order) V-1, Villivakkam Police Station Chennai ..
Respondents
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, calling for the entire records connected with the order of the 2nd respondent herein in Memo No.843/BCDFGISSSV/2024 dated 13.08.2024 passed against the petitioner's husband of the detenu namely Thiru.Chandru @ Appu, S/o Santhoshkumar, aged about 21 years, who is confined at Central Prison, Puzhal, Chennai- 600 066 and set aside the same, consequently directing the respondents herein to produce the body and person of the detenu before this Hon'ble Court and set him at liberty forthwith. For Petitioner ::
Ms.R.Saritha For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The petitioner herein, who is the wife of the detenu, viz., Chandru @ Appu, S/o Santhoshkumar, aged 21 years, now confined at Central Prison, Puzhal, Chennai has come forward with this petition challenging the detention order passed by the second respondent in No.843/BCDFGISSSV/2024 dated 13.08.2024.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. The similar bail order relied on by the detaining authority is dissimilar. In the similar bail order, the case was registered for the offences under the Bharatiya Nyaya Sanhita, 2023, whereas the detenu was arrested in the ground case for the offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Woman (Amendment) Act, 2002 and other offences under the Bharatiya Nyaya Sanhita, 2023. Since the detaining authority has failed to apply his mind for the purpose of issuing the impugned order of detention against the detenu, we are inclined to consider the present petition.
4. Accordingly, the detention order passed by the second respondent in No.843/BCDFGISSSV/2024 dated 13.08.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Chandru @ Appu, S/o Santhoshkumar, aged 21 years, now confined at Central Prison, Puzhal,
Chennai 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.) (V.S.G.,J.) 28.10.2024 ss To
1. The Addl. Chief Secretary to the Government of Tamil Nadu Home, Prohibition & Excise Department Secretariat, Fort St.George Chennai 600 009
2. The Commissioner of Police Office of the Commissioner of Police (Goondas Section), Vepery Chennai 600 007
3. The Superintendent of Prison Central Prison, Puzhal Chennai 600 066
4. The Inspector of Police (Law & Order) V-1, Villivakkam Police Station Chennai
5. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND V.SIVAGNANAM,J.
ss 28.10.2024