Madras High CourtHCP(MD)/120/2020allowed

Kalaimani v. The Additional Chief Secretary To The Government

2020-08-27Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Special Original Jurisdiction ) Thursday, the Twenty Seventh day of August Two Thousand and Twenty PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM AND The Hon`ble Mrs.Justice T.KRISHNAVALLI HCP(MD). No.120 of 2020 (In the matter of Detenu ARUL @ ARULPANDIAN, S/O. SELVARAJ, MALE, AGED ABOUT 28 years, NOW DETAINED IN CENTRAL PRISON, TIRUCHIRAPPALLI) Kalaimani, W/o.Selvaraj ... Petitioner/Mother of Detenue Vs 1 The Additional Chief Secretary to the Government, Home, Prohibition and, Excise (XVI) Department, Fort St. George,, Chennai 600 009.

2 The District Collector and District Magistrate, Thanjavur District,, Thanjavur.

3 The Superintendent of Prison Central Prison, Tiruchirappalli.

... Respondents, Petition under Article 226 of the Constitution of India, praying that in the Circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to issue a Writ of Habeas Corpus calling for the records leading to the detention of detenu ARUL @ ARULPANDIAN, S/O. SELVARAJ, MALE, AGED ABOUT 28 Years, NOW DETAINED IN CENTRAL PRISON, TIRUCHIRAPPALLI, under T.N.Act 14/1982 vide detention order dated 24/01/2020 on the file of the 2 respondent herein made in Proceeding No. P.D.NO.4/2020 and set aside the same as illegal and consequently direct the respondents herein to set the said detenu at liberty from the Central Prison, Trichy. ORDER:- This Habeas Corpus petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru. K.M.KARUNAKARAKARAN, Advocate for the Petitioner and of Thiru. V.NEELAKANDAN, Additional Public Prosecutor on behalf of the respondents.

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IT IS OREDERED AS FOLLOWS:-

1. that the order of detention, ordering detention of dentenu, ARUL @ ARULPANDIAN, S/O. SELVARAJ, MALE, AGED ABOUT 28 years, NOW DETAINED IN CENTRAL PRISON, TIRUCHIRAPPALLI, issued by the 2 respondent in Order No. P.D.NO.4/2020, dated 24/01/2020, be and hereby is set aside;

2. that the said detenu, viz. ARUL @ ARULPANDIAN, S/O. SELVARAJ, MALE, AGED ABOUT 28 years, NOW DETAINED IN CENTRAL PRISON, TIRUCHIRAPPALLI, be set at liberty, forthwith unless he is liable to be detained for some other case. ( Detailed Order will follow ) Sd/- Assistant Registrar(Records) // True Copy // 27/08/2020 Sub Assistant Registrar(CS) TO

1. The Additional Chief Secretary to Government, Prohibition and Excise Department, Fort Saint George, Chennai-9.

2. The District Collector and District Magistrate, Thanjavur District, Thanjavur.

3. The Superintendent, Central Prison, Trichy (In duplicate for communication to Detenu)

4. The Joint Secretary to Government, Public (Law & Order) Fort Saint George, Chennai-9.

5. The Additional Public Prosecutor, Madurai Bench of Madras High court, Madurai.

Dated : 27/08/2020 ADVANCE ORDER HCP(MD). No.120 of 2020 Allowing the petition for issue of Writ of Habeas Corpus and setting aside the order of the detention and directing the release of the detenu forthwith unless his detention is required in connection with any other case as stated within.

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