Durai v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI HCP [MD].No.1728 of 2017 Durai : Petitioner Vs.

1. State of Tamil Nadu The Principal Secretary to Government Home, Prohibition and Excise Department, Fort St. George Chennai-600009.

2. The District Collector and District Magistrate, O/o. The District Collector and District Magistrate Tiruchirappalli District, Tiruchirappalli

3. The Superintendent, Central Prison, Tiruchirappalli : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to call for the entire records in connection with the detention order passed in Cr.M.P.No.22/2017 dated 18.11.2017 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the petitioner namely, Durai, S/o.Murugesan, male, aged 28 years, who is detained in Central Prison, Tiruchirappalli, before this Court and set him at liberty. For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

[Order of the Court was made by S.VIMALA, J] The petitioner is the detenu viz.Durai, male aged about 28 years. The detenu has been detained, as per the order of the second respondent, dated 18.11.2017, under Section 2(f) of the

Tamil Nadu Act 14 of 1982, branding him as "Goonda". Challenging the same, the petitioner has come up with this Habeas Corpus Petition.

2.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records carefully.

3.The detenu has come to adverse notices in respect of eight cases, namely, S.No Crime Numbers Offences Police Station 189/2016 457 and 380 IPC Thuvakudi Police Station, Trichy District 272/2017 457 and 380 IPC Lalgudi Police Station, Trichy District 301/2017 457 and 380 IPC Kollidam Police Station, Trichy 479/2017 457 and 380 IPC Thiruverumbur Police Station, Trichy District 158/2017 457 and 380 IPC Manachanallur Police Station, Trichy District 162/2017 457 and 380 IPC Manachanallur Police Station, Trichy District 310/2017 457 and 380 IPC Manachanallur Police Station, Trichy District

4. The petitioner challenges the impugned order of detention on the ground that there is an inordinate delay from the date on which the detenu was arrested and the date on which the detention order was passed.

5. We have considered the above submissions.

6. The materials on record would show that the detenu was arrested on 21.08.2017 and the order of detention was passed on 18.11.2017. This delay of 89 days remains unexplained, which would vitiate the order of detention.

7. For the reasons stated above, this detention order is liable to be quashed.

8. In the result, the Habeas Corpus Petition is allowed and the impugned Detention Order, passed by the second respondent, in his proceedings in Cr.M.P.No.22/2017 dated 18.11.2017 is quashed. The detenu, namely, Durai, aged about 28 years, S/o.Murugesan, is

ordered to be set at liberty forthwith, if he is not required for detention in connection with any other case.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government Home, Prohibition and Excise Department, Fort St. George Chennai-600009.

2. The Joint Secretary to Government, Home Department, Secretariat, Chennai.

3. The District Collector and District Magistrate, O/o. The District Collector and District Magistrate Tiruchirappalli District, Tiruchirappalli

4. The Superintendent, Central Prison, Tiruchirappalli (in duplicate for communication to the detenu)

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

6. The Director General of Police, Egmore, Chennai.

ORDER MADE IN HCP [MD].No.1728 of 2017 06.03.2018 RR MKV-PM-PN-SAR 3/6.3.2018/3P-8C