Chokkalingam v. The Secretary To The 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 Chokkalingam @ David S/o Arumugam ..
Petitioner v.
1. The Secretary to the Government Home, Prohibition & Excise Department Secretariat, Chennai 600 009
2. District Magistrate and District Collector Tiruppur District, Tiruppur
3. The Superintendent of Police Tiruppur, Tiruppur District
4. The Superintendent Central Prison, Coimbatore
5. State rep by:
The Inspector of Police Avinashi Police Station Tiruppur 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 in connection with the order of detention passed by the 2nd respondent dated 25.06.2024 in Cr.M.P.No.48/GOONDA/2024 against the petitioner detenu Chokkalingam @ David, M/26 years, S/o Arumugam, who is confined at Central Prison, Coimbatore and set aside the same and consequently direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty. For Petitioner ::
Mr.A.Saranraj For Respondents ::
Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The petitioner detenu, viz., Chokkalingam alias David, S/o Arumugam, aged 26 years, now confined at Central Prison, Coimbatore has come forward with this petition challenging the detention order passed by the second respondent in proceedings Cr.M.P.No.48/Goonda/2024 dated 22.05.2024.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. The impugned detention order was passed in proceedings dated
22.05.2024. The detenu is in actual imprisonment for about eight months. The ground case registered shall be dealt with by the police authorities under the ordinary law. Considering the fact that the detenu suffered preventive detention for about eight months, this Court is of the considered opinion that no further detention may be required, as the case registered against him may be dealt with under the law of the land.
4. Accordingly, the detention order passed by the second respondent in proceedings Cr.M.P.No.48/Goonda/2024 dated 22.05.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Chokkalingam alias David, S/o Arumugam, aged 26 years, now confined at Central Prison, Coimbatore is directed to be set at liberty forthwith, unless his 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 Secretariat, Chennai 600 009
2. The District Magistrate and District Collector Tiruppur District, Tiruppur
3. The Superintendent of Police Tiruppur, Tiruppur District
4. The Superintendent Central Prison, Coimbatore
5. The Inspector of Police Avinashi Police Station Tiruppur District
6. The Public Prosecutor High Court, Madras
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 22.01.2025