Vignesh Alias Vellaipoonai v. The Principal Secretary To

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.1731 of 2017 Vignesh @ Vellaippoonai : Petitioner Vs.

1. The Principal Secretary to Government State of Tamil Nadu 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 Madurai District, Madurai

3. The Superintendent of Prison, Madurai Central Prison, : 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 connected with the detention order of the respondent No.2, in BCDFGISSSV No.13/2017 dated 14.11.2017 and quash the same and direct the respondents to produce the detenu by name Vignesh @ Vellaipoonai, son of Mahalingam, aged about 20 years, detained in Madurai Central Prison, before this Court and set him at liberty forthwith.

For Petitioner : Mr.R.Alagumani 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.Vignesh @ Vellaipoonai, male aged about 20 years. The detenu has been detained, as per the order of the second respondent, dated 14.11.2017, 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 case, namely, S.No Crime Number Offences Police Station 67/2017 147, 148, 294 (b), 324, 506 (ii) IPC Silaiman Police Station,

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 18.08.2017 and the order of detention was passed on 14.11.2017. This delay of 88 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 BCDFGISSSV No.13/2017 dated 14.11.2017 is quashed. The detenu, namely, Vignesh @ Vellaipoonai, aged about 20 years, son of Mahalingam,, is ordered to be set at liberty forthwith, if he is not required for detention in connection with any other case.

Sd/- Assistant Registrar(T&P) /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 Madurai District, Madurai

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

5. The Superintendent of Prison, Madurai Central Prison, (in duplicate for communication to the detenu)

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

ORDER MADE IN HCP [MD].No.1731 of 2017 06.03.2018 RR MKV-PM-PN-SAR 3/6.3.2018/3P-8C