Nayinar Alias Nagenthiran v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2874 of 2024 Nayinar alias Nagenthiran ... Petitioner/detenu Vs.
1.
The Secretary to Government, Prohibition and Excise Department (Home), Fort St.George, Chennai.
The Commissioner of Police Tiruppur City, Tiruppur District.
The Jail Superintendent, Central Prison, Coimbatore.
Inspector of Police, Tiruppur North Police Station, Tiruppur District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records and setting aside the order passed by the second respondent in C.No.48/I.T.O./IS Tirupur City and further direct the 4th respondent to produce the detenu Nayinar @ Nagenthiran, Son of Karumban, aged 48 years, now confined at Central Prison, Coimbatore, before this Court and set him at liberty. For Petitioner : Mr.N.Edwin Jeyakumar For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The preventive detention order passed by the second respondent dated 07.06.2024 is sought to be quashed in the present habeas corpus petition.
Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents. The learned Additional Public Prosecutor appearing on behalf of the respondents would submit that the Advisory Board revoked the preventive detention order in respect of Accused No.4 in the ground case.
The alleged offence against Accused No.1 and Accused No.4 are one and the same. That being so, the detenu in the present habeas corpus petition is also to be considered on the same line. 5.
In view of the fact that Accused No.4 has already been released by the Advisory Board, we are inclined to consider the present habeas corpus petition.
6.
Accordingly, the detention order passed by the 2nd respondent, in proceedings C.No.48/I.T.O./IS/Tiruppur City/2024 dated 07.06.2024, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Nayinar @ Nagenthiran, aged 48 years, S/o. Karumban confined at Central Prison, Coimbatore is directed to be set at liberty forthwith unless he is required in connection with any other case.
[S.M.S., J.] [M.J.R., J.] 26.11.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
The Secretary to Government, Prohibition and Excise Department (Home), Fort St.George, Chennai.
The Joint Secretary to Government, Public (Law and Order) Department, Fort St.George, Chennai - 9.
The Commissioner of Police Tiruppur City, Tiruppur District.
The Jail Superintendent, Central Prison, Coimbatore.
5.
Inspector of Police, Tiruppur North Police Station, Tiruppur District.
6.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
veda H.C.P.No.2874 of 2024 26.11.2024