Sarala v. The State 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.2862 of 2024 Sarala ...

PETITIONER Vs 1 The State Rep By Its, Government Of Tamilnadu, Rep By Its The Additional Chief Secretary, Home,Prohibition And Excise Department, Secretariat, Chennai.

2 The Commissioner Of Police, Greater Chennai.

3 The Superintendent Of Prison, Central Prison, Puzhal, Chennai District.

4 The Inspector Of Police Washermenpet Police Station, Chennai District.

...

RESPONDENTS PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the records in Detention Order passed in No.1025/BCDFGISSSV/2024 dated 08.10.2024 on the file of the 2nd respondent herein and quash the same and direct the respondents herein to produce the person or body of petitioner's son Thiru.Vignesh @ Vicky S/o. Gangadharan M/A.22 years now confined in Central Prison, Puzhal Chennai before this Honble Court and set him at liberty.

For Petitioner : Mr.D.Padmanabhan 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 No.1025/BCDFGISSSV/2024 dated 08.10.2024 is sought to be quashed in the present Habeas Corpus Petition.

2.The learned Additional Public Prosecutor would submit that in respect of the co-accused, the Government itself revoked the preventive detention order.

3.Since the co accused has been released pursuant to the government order revoking the preventive detention proceedings, we are inclined to consider the present petition.

4.Hence, for the aforesaid reason, the detention order passed by the second respondent in No.1025/BCDFGISSSV/2024 dated 08.10.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., Vignesh @ Vicky S/o. Gangadharan M/A.22 years, now confined in Central Prison, Puzhal Chennai, 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 Rep By Its, Government Of Tamilnadu, Rep By Its The Additional Chief Secretary, Home,Prohibition And Excise Department, Secretariat, Chennai.

2 The Commissioner Of Police, Greater Chennai.

3 The Superintendent Of Prison, Central Prison, Puzhal, Chennai District.

4 The Inspector Of Police Washermenpet Police Station, Chennai District. 5.The Public Prosecutor, Madras High Court.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

sms H.C.P.No.2862 of 2024 03.12.2024