R.Rani v. The Secretary To 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 R.Rani W/o Krishnan ..
Petitioner v.
1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai 600 009
2. The District Magistrate and District Collector Dharmapuri District, Dharmapuri
3. The Superintendent of Police Dharmapuri District, Dharmapuri
4. The Superintendent of Prison Special Prison for Women - Coimbatore Coimbatore District
5. State rep.by its The Inspector of Police Mahendramangalam Police Station Dharmapuri District ..
Respondents
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, to call for the entire records relating to the petitioner's daughter detention under Tamil Nadu Act 14 of 1982 vide detention order dated 10.09.2024 on the file of the second respondent herein made in proceedings S.C.No.30/2024/C1, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's daughter namely Karpagam, W/o Vijayakumar, aged 39 years, before this Hon'ble High Court and set the petitioner's daughter at liberty from detention, now the petitioner's daughter detained at Special Prison for Women, Coimbatore.
For Petitioner ::
Mr.J.Jayan for Mr.W.Camyles Gandhi 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 mother of the detenue, viz., Karpagam, W/o Vijayakumar, aged 39 years, now confined at Special Prison for Women, Coimbatore has come forward with this petition challenging the detention order passed by the second respondent in S.C.No.30/2024/C1 dated 10.09.2024.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. The learned counsel for petitioner would submit that the similar bail order relied on by the detaining authority is dissimilar and on this ground, the impugned order is to be quashed.
4. A perusal of the booklet supplied to the detenue would show that the accused in similar case was granted bail on the ground that the investigation was completed. However, no such circumstance arises in the case of the detenue and thus the detaining authority failed to apply her mind while passing the impugned order of detention. Thus we are inclined to interfere with the impugned order.
5. Accordingly, the detention order passed by the second respondent in S.C.No.30/2024/C1 dated 10.09.2024 is hereby set aside and the habeas corpus petition is allowed. The detenue viz., Karpagam, W/o Vijayakumar, aged 39 years, now confined at Special Prison for Women, Coimbatore is
directed to be set at liberty forthwith, unless her 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 Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George Chennai 600 009
2. The District Magistrate and District Collector Dharmapuri District, Dharmapuri
3. The Superintendent of Police Dharmapuri District, Dharmapuri
4. The Superintendent of Prison Special Prison for Women - Coimbatore Coimbatore District
5. The Inspector of Police Mahendramangalam Police Station Dharmapuri District
6. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND V.SIVAGNANAM,J.
ss 28.10.2024