Dhavamani v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Special Original Jurisdiction ) Friday, the Twentieth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN AND The Hon`ble Mr.Justice N.ANAND VENKATESH HCP(MD). No.360 of 2019 (in the matter of Detenu VIMAL, S/O. BALUSAMY, age about 21 years, who is the son of the petitioner herein ) DHAVAMANI W/O. BALUSAMY CHINNAKODAKUDI DEVAKOTTAI TALUK SIVAGANGAI DISTRICT ... Petitioner Vs 1 THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.

2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, SIVAGANGAI DISTRICT, SIVAGANGAI.

3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON, TIRUCHIRAPALLI.

... Respondents Petition filed 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 to issue a Writ of Habeas Corpus calling for the records leading to the detention of detenu VIMAL, S/O. BALUSAMY under T.N.Act 14/1982 vide detention order dated 21/03/2019 on the file of the 2 respondent herein made in Proceeding No. Cr.M.P.No. 06/Goonda/2019 and set aside the same as illegal and consequently direct the respondents herein to set the said detenu at liberty from the Central Prison, Trichy.

ORDER:- This Habeas Corpus petition coming upon for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR. K.M.KARUNAKARAN, Advocate for the Petitioner and of MR. K.DINESH BABU, Additional Public Prosecutor on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ IT IS OREDERED AS FOLLOWS:-

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1. that the order of detention of dentenu, VIMAL, S/O. BALUSAMY issued by the 2 respondent in Order No. Cr.M.P.No. 06/Goonda/2019, dated 21/03/2019 be and hereby is set aside.

2. that the said detenu, viz. VIMAL, S/O. BALUSAMY who is presently confined in Central Prison, Trichy be set at liberty forthwith unless he is liable to be detained for some other cause. ( Detailed Order will follow ) sd ASSISTANT REGISTRAR TRUE COPY SUB ASSISTANT REGISTRAR ( CS II ) TO

1. The Secretary to Government, Prohibition and Excise Department, Fort Saint George, Chennai-9.

2. The District Magistrate & District Collector Sivagangai District, Sivagangai.

3. The Superintendent, Central Prison, Trichy (In duplicate for communication to Detenu)

4. The Joint Secretary to Government, Public (Law & Order) Fort Saint George, Chennai-9.

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

Dated : 20/09/2019 ADVANCE ORDER HCP(MD). No.360 of 2019 Allowing the petition for issue of Writ of Habeas Corpus and setting aside the order of the detention and directing the release of the detenu forthwith unless his detention is required in connection with any other case as stated within.

JMN/20/09/2019 2P 7C https://hcservices.ecourts.gov.in/hcservices/