Mythili v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Mythili ... Petitioner/wife of the detenue Vs.

1.State of Tamil Nadu, Rep. by the Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Police/ Detaining Authority, Office of the Commissioner of Police/ Detaining Authority, Coimbatore City.

3.The Superintendent of Prison, Central Prison, Coimbatore, Coimbatore District.

4.The Inspector of Police, E-3, Saravanampatty Police Station, Coimbatore District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the records relating to the detention order vide C.No.81/G/IS/2023 dated 09.12.2023, passed by the second respondent and quash the same and direct the respondents herein to produce the petitioner's husband namely R.Suresh @ Suresh Baby @ Pambu Suresh, S/o.Ramar, aged 35 years, (who is presently under going detention in the Central Prison, Coimbatore), before this Court and set him at liberty.

For Petitioner :

Mr.N.Arun Kumar For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner is the wife of the detenu viz., R.Suresh @ Suresh Baby @ Pambu Suresh, S/o.Ramar, aged 35 years, detained at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent dated 09.12.2023 slapped on her

husband, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982]. 2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the petitioner's husband, dated 09.12.2023 has been revoked by the Government in G.O.Rt.No.340, Home, Prohibition and Excise (XII) Department, dated 19.01.2024 and he has also produced a copy of the said order. 3.Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as the same has become infructuous. [M.S.R., J] [S.M., J] 08.04.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Police/ Detaining Authority, Office of the Commissioner of Police/ Detaining Authority, Coimbatore City.

3.The Superintendent of Prison, Central Prison, Coimbatore, Coimbatore District.

4.The Inspector of Police, E-3, Saravanampatty Police Station, Coimbatore District.

5.The Public Prosecutor, High Court, Madras.

08.04.2024