Kalyani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE Mrs.JUSTICE K.GOVINDARAJAN THILAGAVADI Kalyani W/o.Suresh Babu ..

Petitioner / mother of the detenu Vs.

1.

State of Tamil Nadu Rep. By The Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai - 600 009 2.

The Commissioner of Police Office of the Commissioner of Police Avadi City, Chennai - 600 054 3.

The Superintendent of Prison Central Prison, Puzhal Chennai -600 066 4.

The Inspector of Police M-5, Ennore Police Station Chennai - 600 057 ... Respondents Page Nos.1/13

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the entire records relating to the detention order in Memo No.160/BCDFGISSSV/2022, dated 17.11.2022 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Arunkumar, son of Suresh Babu, aged about 23 years, the detenu now confined in Central Prison, Puzhal, Chennai before this Court and set \him at liberty.

For Petitioner :

Mr.S.Senthilvel for Mr.M.Thiyagarajan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.Sylvester John Advocate

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] When the matter was taken we are informed that co-accused in the ground case was clamped with a preventive detention order, the same was challenged vide H.C.P.No.2596 of 2022 and the HCP was allowed vide order dated 07.06.2023 and a scanned reproduction of the same is as follows:

Page Nos.2/13

Page Nos.3/13

Page Nos.4/13

Page Nos.5/13

Page Nos.6/13

Page Nos.7/13

Page Nos.8/13

Page Nos.9/13

2. We are informed that the point on which aforementioned HCP was allowed is available to the detenu in the case on hand also.

3. In the light of the submission we reminded of the age old adage 'sauce for the goose is sauce for the gander too'. In this view of the matter, captioned HCP is also allowed.

4. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 17.11.2022 bearing reference 160/BCDFGISSSV /2022 made by the second respondent is set aside and the detenu Arunkumar, son of Suresh Babu, aged about 23 years is directed to be set at Page Nos.10/13

liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.

(M.S.,J.) (K.G.T.,J.) 09.06.2023 Index : Yes Speaking order gpa P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal Page Nos.11/13

To 1.

The Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai - 600 009 2.

The Commissioner of Police Office of the Commissioner of Police Avadi City, Chennai - 600 054 3.

The Superintendent of Prison Central Prison, Puzhal Chennai -600 066 4.

The Inspector of Police M-5, Ennore Police Station Chennai - 600 057 5.

The Public Prosecutor Madras High Court, Chennai Page Nos.12/13

M.SUNDAR, J., and K.GOVINDARAJAN THILAGAVADI , J., gpa 09.06.2023 Page Nos.13/13