Bagavan v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.3071 of 2024 Bagavan ...

Petitioner /father of detenu Vs

1. The Secretary To Government, Home, Prohibition And Excise Department Secretariat, Fort St.George, Chennai - 600 009.

2 The Commissioner Of Police / Detaining Authority, Huzur Road, Coimbatore City, Coimbatore - 18.

3 The Superintendent Of Police , Central Prison - Coimbatore, Coimbatore District.

4 State Rep.by its The Inspector Of Police, PEW Coimbatore, Coimbatore District. Cr.no.424/2024.

...

Respondents

PRAYER: Petition filed under Article 226 of Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 20.08.2024 on the file of the second respondent herein made in proceedings C.No.100/G/IS/2024 quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely B.Gowtham Jeeva S/o. Bagavan aged 27 yrs, before this Honble High Court and set the petitioner's son at Liberty from detention, now the petitioner's son detained at Central Prison, Coimbatore.

For Petitioner : Mr. W.Camyles Gandhi 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. C.No.100/G/IS/2024 dated 20.08.2024 is sought to be quashed in the present Habeas Corpus Petition.

2. The learned Additional Public Prosecutor would submit that in respect of three co-accused, Advisory Board has revoked the detention order issued to them. Thus, we are inclined to consider the present petition.

3. Hence, for the aforesaid reason, the detention order passed by the second respondent in No. C.No.100/G/IS/2024 dated 20.08.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., B.Gowtham Jeeva S/o. Bagavan, aged 27 yrs, 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.] 13.12.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp To

1. The Secretary To Government, Home, Prohibition And Excise Department Secretariat, Fort St.george, Chennai - 600 009.

2 The Commissioner Of Police / Detaining Authority, Huzur Road, Coimbatore City, Coimbatore - 18.

S.M.SUBRAMANIAM, J.

AND M.JOTHIRAMAN, J.

mrp 3 The Superintendent Of Police , Central Prison - Coimbatore, Coimbatore District.

4 The Inspector Of Police, PEW Coimbatore, Coimbatore District. Cr.no.424/2024.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No.3071 of 2024 13.12.2024