Jai @ Jeykumar, v. The Secretary To Government,
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.1737 of 2017 Jai @ Jeykumar : Petitioner Vs.
1.The 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 Perambalur District, Perambalur 3.The Superintendent of Prison Tiruchirappalli 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 entire records, connected with the detention order of the respondent No.2 in Cr.M.P.No.18/2017 dated 14.11.2017 and quash the same and direct the respondents to produce the detenu by name Jai @ Jeykumar, son of Jayaraman, aged about 27 years, detained in Tiruchirappalli 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.Jai @ Jeykumar, male aged about 27 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 two cases, namely, S.No Crime Numbers Offences Police Station 1142/2017 294(b) and 307 IPC Perambalur Police Station, Perambalur District 531/2017 392 r/w 397 IPC Padalur Police Station, Perambalur 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 03.10.2017 and the order of detention was passed on 14.11.2017. This delay of 42 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.18/2017 dated 14.11.2017 is quashed. The detenu, namely, Jai @ Jeykumar, aged about 27 years, S/o.Jayaraman, 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 Secretary to Government State of Tamil Nadu 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 Perambalur District, Perambalur 4.The Superintendent of Prison Tiruchirappalli Central Prison, Tiruchirappalli (in duplicate for communication to the detenu) 5.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
ORDER MADE IN HCP [MD].No.1737 of 2017 06.03.2018 RR MS/PM-PN/SAR.3/06.03.2018/3P.7C