K.Ammu v. The State Represented By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.2965 of 2024 K.Ammu ...

Petitioner /wife of the detenu Vs

1. The State Represented By its Additional Chief Secretary, Prohibition And Excise Department, Government Of Tamil Nadu , Fort St.George, Chennai - 600 009.

2 The District Collector and District Magistrate, Office Of The District Collector and District Magistrate, 3 The Superintendent of Prison , Central Prison, Vellore - 632 002.

4 The Inspector of Police Vaniyambadi Town Police Station, Tirupathur.

5 Superintendent of Police, ...

Respondents

PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records pertaining to the order of detention dated 18.09.2024 passed by the 2nd Respondent bearing no.C3/D.O.No.48/2024 and to quash the same and produce the detenue John @ Rajkumar, Male, aged about 33 years, S/o.Kumar, before this Honble Court and set him at liberty forthwith from Central Prison, Vellore and pass such further or other orders as this Honble Court.

For Petitioner : Mr. V. Krishnamoorthy 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 in C3/D.O.No.48/2024, dated 18.09.2024 is sought to be quashed in the present Habeas Corpus Petition.

2. The learned Additional Public Prosecutor would submit that out of 4 accused in the ground case, in respect of 3 accused, the Advisory Board has revoked the order of detention. That being so, we are inclined to consider the present petition.

3. Hence, for the aforesaid reason, the detention order passed by the second respondent in C3/D.O.No.48/2024, dated 18.09.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., John @ Rajkumar, S/o.Kumar, aged 33 years, confined at Central Prison, Vellore, 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.] 10.12.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp To

1. The Additional Chief Secretary, Prohibition And Excise Department, Government Of Tamil Nadu , Fort St.George, Chennai - 600 009.

2 The District Collector and District Magistrate, Office Of The District Collector and District Magistrate, 3 The Superintendent of Prison , Central Prison, Vellore - 632 002.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

mrp 4 The Inspector of Police Vaniyambadi Town Police Station, Tirupathur.

5 Superintendent of Police,

6. The Public Prosecutor, High Court, Madras.

H.C.P.No.2965 of 2024 10.12.2024