Rosely v. The Additional Chief Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.341 of 2023 Rosely .. Petitioner/ mother of the detenue Vs.

1.State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home,Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The District Collector and District Magistrate, Office of the District Collector, Kanyakumari District at nagercoil 3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

4.The Inspector of Police, Marthantam of Police, Kanyakumari District.

[Crime No.27/2022] .. 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 passed by the 2nd respondent in Detention Order in P.D.No.38/2022, dated 07.06.2022 and to quash the same and direct the Respondents to produce the body or person of the detenue, Sunil Joy @ Sunil, aged 36 years, S/o.Pathrose, now detained at central prison Palayamkottai, Tirunelveli District, before this Court set him at liberty. For Petitioner : Mr.S.Ayyanar Prem Kumar For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed to quash the detention order of the 2nd respondent in P.D.No.38/2022, dated 07.06.2022 and direct the respondents to produce the detenu, Sunil Joy @ Sunil, aged 36 years, son of Pathrose, who is detained at Central Prison, Palayamkottai, Tirunelveli District, before this Court and set him at liberty.

2.The detention order, which is impugned herein, is dated 07.06.2022, as such, the detention period of one year is already over and hence, this petition has become infructuous. Accordingly, this Habeas Corpus Petition is dismissed as infructuous.

[R.S.K.,J.] & [K.K.R.K.,J.] 12.06.2023 Index : Yes/No Internet : Yes/No NCC :Yes/No PJL To 1.The Principal Secretary to Government, State of Tamil Nadu, Home,Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The District Collector and District Magistrate, Office of the District Collector, Kanyakumari District at Nagercoil 3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli .

4.The Inspector of Police, Marthantam of Police, Kanyakumari District.

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

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

PJL HCP.(MD)No.341 of 2023 12.06.2023