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Madras High CourtHCP/2064/2023dismissed as infructuous

Kannimuthu v. State Of Tamil Nadu Rep. By

2024-01-29Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Kannimuthu ... Petitioner Vs.

1. State of Tamil Nadu Represented by the Secretary Home, Prohibition and Excise Department, For St. George, Chennai 600 009.

2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Coimbatore, Coimbatore District.

3. The Superintendent of Prison, Central Prison, Coimbatore-18

4. The Superintendent of Police, Coimbatore, Coimbatore District.

5. The Inspector of Police, Pollachi West Police Station, Coimbatore District.

... Respondents 1/5

Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Habeas Corpus, calling for the records relating to the Detention order vide Cr.M.P. No.30/G/2023 dated 13.09.2023, passed by the second respondent and quash the same and direct the respondents herein to produce the petitioner's son namely Suryaprakash, S/o. Kannimuthu, aged 26 years, (who is presently under going detention in the Central Prison, Coimbatore), before this Hon'ble Court and set him at liberty. For petitioner : Mr.N. Arun Kumar For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor Assisted by Mr.Aravind,C.

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner, father of the detenu, namely Suryaprakash, S/o.Kannimuthu, aged 26 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 13.09.2023 slapped on his son, branding him as "GOONDA" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982. 2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the son of the 2/5

petitioner herein dated 13.09.2023 has been revoked by the Government in G.O. [Rt] No.5896, Home, Prohibition & Excise (XII) Department, dated 19.10.2023 and he has also produced a copy of the said order. 3.Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as the same has become infructuous. [M.S.R., J] [S.M., J] 29.01.2024 bga Internet : Yes Index : Yes / No 3/5

To

1. State of Tamil Nadu Represented by the Secretary Home, Prohibition and Excise Department, For St. George, Chennai 600 009.

2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Coimbatore, Coimbatore District.

3. The Superintendent of Prison, Central Prison, Coimbatore-18

4. The Superintendent of Police, Coimbatore, Coimbatore District.

5. The Inspector of Police, Pollachi West Police Station, Coimbatore District.

6 .The Public Prosecutor, High Court, Madras.

4/5

M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga 29.01.2024 5/5