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Madras High CourtCRL MP(MD)/2621/2018closed

Thavamani v. The Principal Secretary To

2018-04-16Honourable Mr Justice A.M. Basheer Ahamed,Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Sixteenth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM and The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.2621 of 2018 IN HCP(MD) No.414 of 2018 THAVAMANI ... PETITIONER Vs 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI-009 2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, OFFICE OF DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NAGAPATTINAM DISTRICT, NAGAPATTINAM.

3 THE SUPERINTENDENT OF PRISON, TRICHY CENTRAL PRISON, TRICHY. ... RESPONDENTS Prayer in CRL MP(MD) No.2621 of 2018:

Criminal Miscellaneous Petition filed under Article 226 of the Constitution of India, praying that to direct the respondents to temporarily release the detenu by name Thavamani, s/o Muniyan, aged 47 years detained as a Boot legger and confining at Trichy Central Prison by virtue of detention order passed by the Respondent No.2 vide his order in C.O.C.No. 17/2018 dated 09.03.2018 for the period of 15 days for attend funeral ceremonies of the detenus son by name Das, s/o Davamani, aged 21 years in the interest of the justice. Prayer in Habeas Corpus Petition(MD) No.

414/ 2018 : Habeas Corpus 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 Calling for the entire records connected with the detention order of the respondent NO.2 in C.O.C.No.17/2018 dated 09.03.2018 and quash the same and direct the respondents to produce the detenu by name Thavamani Son of Muniyan aged about 47 years detained in Trichy Central Prison before this Honourable Court and set him at liberty . https://hcservices.ecourts.gov.

Order : This Petition coming on for hearing on this day, upon perusing the affidavit and material papers filed, and upon hearing the arguments of Mr.V.KATHIRVELU, Senior Counsel for Mr.R.ALAGUMANI, Advocate for the petitioner and of Mr.V.NEELAKANDAN, Additional Public Prosecutor on behalf of the Respondents, this court made the following order:- (Order of the Court was made by C.T.SELVAM,J.) Recording the submission of learned Additional Public Prosecutor appearing for respondents that in compliance with the order dated 05.04.2018, the detenue has returned to the custody of the third respondent/Superintendent of Police, Central Prison, Trichy Central Prison, Trichy District, this petition shall stand closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar TO 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI-009 2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, OFFICE OF DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NAGAPATTINAM DISTRICT, NAGAPATTINAM.

3 THE SUPERINTENDENT OF PRISON, TRICHY CENTRAL PRISON, TRICHY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

DATED : 16.04.2018

ORDER

CRL MP(MD) No.2621 of 2018 IN HCP(MD) No.414 of 2018 https://hcservices.ecourts.gov.in/hcservices/ TE/SV-MMS/SAR-3 : 25/04/2018 : 2P/5C