Praveen Alias Pambu Praveen v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.3279 of 2024 Praveen @ Pambu Praveen ... Petitioner/Detenu Vs.
1.
The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
The Commissioner of Police/the Detaining Authority, Office of the Commissioner of Police, Coimbatore.
The Superintendent of Prison, Coimbatore Central Prison, Coimbatore.
The Inspector of Police, B-2, R.S.Puram Police Station, Coimbatore.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the second respondent in C.No.15/G/IS/2024 dated 27.02.2024 and quash the same and direct the respondents to produce the body or person of the detenu by name Praveen @ Pambu Praveen son of Manoharan, aged about 30 years, now detained as 'Goonda' at Coimbatore Central Prison before this Court and set him at liberty forthwith. For Petitioner : Mr.R.Alagumani For Respondents : Mr. R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of habeas corpus has been filed challenging the detention order passed by the second respondent in proceedings C.No.15/G/IS/2024 dated 27.02.2024.
Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents. The detenu was arrested on 05.02.2024 and the impugned detention order has been passed in proceedings dated 27.02.2024.
The learned Additional Public Prosecutor appearing on behalf of the respondents would submit that charge sheet has already been filed in the ground case.
5.
Therefore, the cases registered against the detenu may be dealt with under the law of the land. Further, the detenu is in preventive detention for the past about 11 months. That being so, further preventive detention becomes unnecessary.
6.
Hence, for the aforesaid reasons, the detention order passed by the second respondent in proceedings C.No.15/G/IS/2024 dated 27.02.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., M.Praveen @ Pambu Praveen, aged 30 years, S/o. Manoharan 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.] 20.01.2025 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
The Joint Secretary to Government, Public (Law and Order) Department, Fort St.George, Chennai - 9.
The Commissioner of Police/the Detaining Authority, Office of the Commissioner of Police, Coimbatore.
The Superintendent of Prison, Coimbatore Central Prison, Coimbatore.
5.
The Inspector of Police, B-2, R.S.Puram Police Station, Coimbatore.
6.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
veda H.C.P.No.3279 of 2024 20.01.2025