Ravi v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Ravi S/o Ramu ..
Petitioner v.
1. The Secretary to Government Home, Prohibition & Excise Department Fort St.George, Chennai 600 009
2. The Commissioner of Police Greater Chennai Police Vepery, Chennai
3. The Deputy Commissioner of Police Egmore Range, Chennai
4. The Superintendent of Prison Special Prison for Women Puzhal, Chennai
5. The Inspector of Police Anti Vice Squad-II, Chennai CCB Greater Chennai Police, Egmore Chennai District ..
Respondents
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, to call for the records pertaining to the order of detention passed by the 2nd respondent in No.1193/BCDFGISSSV/2024 dated 02.12.2024 against the petitioner's wife Poornima @ Jancy, W/o Ravi, Female, aged 35 years, now confined in Special Prison for Women, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenue before this Hon'ble Court and set her at liberty.
For Petitioner ::
Mr.V.Karthick For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The order of detention passed by the second respondent in proceedings No.1193/BCDFGISSSV/2024 dated 02.12.2024 is sought to be quashed in the present habeas corpus petition.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. Based on one adverse case and the ground case, the detention order has been passed. The ground case was registered under the Immoral Traffic
(Prevention) Act, 1956 in Crime No.27 of 2024. The said case can be dealt with by the police authorities under the ordinary law. We do not find reason to sustain the detention order, which is impugned in the present petition. Thus we are inclined to interfere with the impugned detention order.
4. Accordingly, the detention order passed by the second respondent in proceedings No.1193/BCDFGISSSV/2024 dated 02.12.2024 is hereby set aside and the habeas corpus petition is allowed. The detenue viz., Poornima @ Jancy, W/o Ravi, aged 35 years, now confined at Special Prison for Women, Puzhal, Chennai is directed to be set at liberty forthwith, unless her confinement is required in connection with any other case. Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 22.01.2025 ss To
1. The Secretary to Government Home, Prohibition & Excise Department Fort St.George, Chennai 600 009
2. The Commissioner of Police Greater Chennai Police Vepery, Chennai
3. The Deputy Commissioner of Police Egmore Range, Chennai
4. The Superintendent of Prison Special Prison for Women Puzhal, Chennai
5. The Inspector of Police Anti Vice Squad-II, Chennai CCB Greater Chennai Police, Egmore Chennai District
6. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 22.01.2025