Palaniyammal v. The State Of Tamil Nadu Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2740 of 2024 1 Palaniyammal ... PETITIONER Vs 1 The State Of Tamil Nadu, Rep.By Its The Secretary To Government (home) Prohibition And Excise Department Secretariat, Fort St.george, Chennai - 600009. 2 The Commissioner Of Police Salem, Salem District.

3 The Superintendent Of Prison, Central Prison, Salem District.

4 The Inspector Of Police Steel Plant Police Station, Salem District.

...

RESPONDENTS PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records pertaining to the order of detention passed in CMP.No.76/Goonda/Salem City/2024 dated 07.10.2024 passed by the 2nd respondent and set aside the same and directing the respondents to produce the petitioner's son by namely Selvaraj son of Thangaraj aged about 26 yrs before this Honble Court now confined in Central Prison, Salem and set him at Liberty.

For Petitioner : Mr.C.Deepakkumar For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court is made by S.M.SUBRAMANIAM, J.) The order of detention passed by the second respondent in CMP.No.76/Goonda/Salem City/2024 dated 07.10.2024 is sought to be quashed in the present Habeas Corpus Petition. 2.The detention order impugned has been issued based on the ground case alone. The ground case was registered in Crime No.277 of 2024 under Section 123 of Bharathiya Nyaya Sanhita, 2023. Section 123 deals with causing hurt by means of poison etc., with intent to commit an offence. since there is no adverse case registered against the detenue and taking note of the fact that the ground case can be dealt with under the law of the land, preventive detention any more would be unnecessary in the present case. 3.Hence, for the aforesaid reason, the detention order passed by the

second respondent in CMP.No.76/Goonda/Salem City/2024 dated 07.10.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., Selvaraj son of Thangaraj aged about 26 yrs, now confined at Central Prison, Salem, is directed to be set at liberty forthwith, unless he is required in connection with any other case.

Index :

Yes/No [S.M.S., J.] [M.J.R., J.] Speaking Order :

Yes/No 03.12.2024 :

Yes/No sms To 1 The State Of Tamil Nadu, Rep.By Its The Secretary To Government (home) Prohibition And Excise Department Secretariat, Fort St.george, Chennai - 600009. 2 The Commissioner Of Police Salem, Salem District.

3 The Superintendent Of Prison, Central Prison, Salem District.

4 The Inspector Of Police Steel Plant Police Station, Salem District.

5 The Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

sms H.C.P.No.2740 of 2024 03.12.2024