Jayanthi v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR.JUSTICE R.SAKTHIVEL Jayanthi .. Petitioner vs 1.State of Tamil Nadu Rep. By The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 9.

2.The Commissioner of Police, Greater Chennai, Office of Commissioner of Police, Vepery, Chennai -7.

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

4.The Inspector of Police, K-1 Sembium Police Station, Chennai.

.. Respondents 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 Memo No.378/BCDFGISSSV/2022 passed by the 2nd respondent on 21.10.2022 on the file of the 2nd respondent and quash the same as illegal and consequently direct the respondents to produce petitioner's son Madhavan @ Maadu, son of Mohan @ Kattan Mohan, aged about 22 years, before this Court, who is now detained in Central Prison, Puzhal II, Chennai and set him at liberty.

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For Petitioner :

Mr.A.Elumalai For Respondents :

Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by mother of detenu assailing a 'preventive detention order dated 21.10.2022 bearing reference No.378/BCDFGISSSV/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and second respondent is the detaining authority as impugned detention order has been made by second respondent.

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, Sand-offenders, 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 2/13

of 1982.

3. There are three adverse cases. The ground case which constitutes substantial part of substratum of the impugned detention order is Crime No.570 of 2022 on the file of K-1 Sembium Police Station for the alleged offence under Section 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.A.Elumalai, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all respondents are before us.

5.

When the captioned HCP was taken up, it was brought to our notice that the co-accused in the ground case was also clamped with a similar preventive detention order and the same was challenged by the co-accused vide HCP No.2550 of 2022 and the same was allowed by this Court in and by an order dated 05.06.2023. A scanned reproduction of the same is as follows:

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6.

There is no disputation that the point available for the detenu in HCP No.2550 of 2022 is available to the detenu in this case also.

7.

In the light of the aforementioned stated position, we are reminded of the age old adage 'Sauce to Goose is sauce to Gander too'. Therefore, we have no difficulty in saying that the impugned detention order in the captioned HCP also deserves to be dislodged. 8.

Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 21.10.2022 bearing reference No.378/BCDFGISSSV/2022 made by the second respondent is set aside and the detenu Thiru.Madhavan @ Maadu, aged 22 years, son of Thiru.Mohan @ Kattan Mohan, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.

(M.S.,J.) (R.S.V.,J.) 13.06.2023 Index : Yes / No mmi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal, Chennai. 11/13

To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 9.

2.The Commissioner of Police, Greater Chennai, Office of Commissioner of Police, Vepery, Chennai -7.

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

4.The Inspector of Police, K-1 Sembium Police Station, Chennai.

5.The Public Prosecutor High Court, Madras.

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M.SUNDAR, J., and R.SAKTHIVEL , J., mmi 13.06.2023 13/13