Madras High CourtHCP(MD)/555/2019allowed

Muthukrishnan @ Protta v. The Principal Secretary To

2019-12-17Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi2 pages

HCP(MD). No.555 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Special Original Jurisdiction ) Tuesday, the Seventeenth day of December Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice T.RAJA AND The Hon`ble Mr Justice B.PUGALENDHI HCP(MD). No.555 of 2019 (in the matter of Detenu MUTHUKRISHNAN @ PROTTA MUTHUKRISHNAN, S/O KAMRARJ NADAR AGED ABOUT 29 YEARS ) MUTHUKRISHNAN @ PROTTA MUTHUKRISHNAN S/O.KAMARAJ NADAR SOUTH STREET ANAIKOOTAM SIVAKASI TALUK VIRUDHUNAGAR DISTRICT (NOW CONFINING AT MADURAI CENTRAL PRISON) ... Petitioner Vs 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE, DEPARTMENT, SECRETARIAT, CHENNAI-600 009.

2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, O/O.THE DISTRICT, COLLECTOR AND DISTRICT MAGISTRATE,, VIRUDHUNAGAR DISTRICT.

3 THE SUPERINTENDENT OF PRISON MADURAI CENTRAL PRISON, MADURAI DISTRICT. ... Respondents Petition 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 MUTHUKRISHNAN @ PROTTA MUTHUKRISHNAN S/O KAMRARJ NADAR, AGED ABOUT 29 YEARS, under T.N.Act 14/1982 vide detention order dated 15/06/2019 on the file of the 2 respondent herein made in Proceeding No. Cr.M.P.No.07/2019 and set aside the same as illegal and consequently direct the respondents herein to set the said detenu at liberty from the Central Prison, Madurai.

ORDER:- This Habeas Corpus petition coming on for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.R.ALAGUMANI, Advocate, for the Petitioner and of Mr. K.DINESH BABU, Additional Public Prosecutor, on behalf of the respondents.

IT IS OREDERED AS FOLLOWS:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

HCP(MD). No.555 of 2019

1. that the order of detention of dentenu, MUTHUKRISHNAN @ PROTTA MUTHUKRISHNAN, S/O KAMRARJ NADAR, AGED ABOUT 29 YEARS issued by the 2 respondent in Order No. Cr.M.P.No.07/2019, dated 15/06/2019 be and hereby is set aside.

2. that the said detenu, viz. MUTHUKRISHNAN @ PROTTA MUTHUKRISHNAN S/O KAMRARJ NADAR, AGED ABOUT 29 YEARS, who is presently confined in Central Prison, Madurai 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) TO

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

2. The District Magistrate & District Collector Virudhunagar District.

3. The Superintendent, Central Prison, Madurai (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 : 17/12/2019 ADVANCE ORDER HCP(MD). No.555 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 / her detention is required in connection with any other case as stated within.

KK/SAR/17.12.2019/2P-7C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2