Solai Ganesan @ Ganesan v. The State Of Tamil Nadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P(MD)No.1003 of 2018 Solai Ganesan @ Ganesan .. Petitioner Vs.

1.State of Tamil Nadu rep.by the Principal Secretary to Government, Home, Prohibition and Excise Department, Fort.St.George, Chennai - 9.

2.The District Magistrate and District Collector, O/o.the District Magistrate and District Collector, Pudukottai District, Pudukottai.

3.The Superintendent, Central Prison, Tiruchirapalli.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the entire records in detention order passed in P.D.O.No.11/2018 dated 03.07.2018 on the file of the 2nd respondent herein and set aside the same as illegal and direct the respondents to produce the petitioner namely Solai Ganesan @ Ganesan S/o Solai male aged 36 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.K.Dinesh Babu Additional Public Prosecutor.

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The detenu has been detained by the second respondent by his order in P.D.O.No.11/2018 dated 03.07.2018, holding him as a "Sexual Offencer", as contemplated under Section 2(ggg) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2.When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that the issue has been covered by the order of this Court in HCP(MD)No.612 of 2018, wherein it is held as follows:

"3.We have considered the above submissions.

4.An identical issue was considered by a Division Bench of this Court in T.Chitra Vs. State of Tamil Nadu, reported in 2014(2) MLJ Crl 72 and the order of detention was set aside on the ground of non application of mind. Hence, following the said order, the detention order, passed by the second respondent in his proceedings in Detention Order P.D.O.No.07/2018, dated 16.04.2018, is quashed. The detenu, namely Murugesan @ Diesel Murugesan, S/o.Arumugam, is ordered to be set at liberty forthwith, if his detention is not required in connection with any other case."

3.Following the same, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent, in P.D.O.No.11/2018 dated 03.07.2018, is quashed. The detenu, namely, Solai Ganesan @ Ganesan S/o Solai male, aged 36 years, is ordered to be set at liberty forthwith, if his detention is not required in connection with any other case.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Principal Secretary to Government, State of Tamil Nadu Home, Prohibition and Excise Department, Fort.St.George, Chennai - 9.

2.The District Magistrate and District Collector, O/o.the District Magistrate and District Collector, Pudukottai District, Pudukottai.

3.The Superintendent, Central Prison, Tiruchirapalli.

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

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

+1CC to Mr.K.A.S.Prabhu, Advocate, SR.No.84188 H.C.P(MD)No.1003 of 2018 14.09.2018 MJ ES/SKN/RSK/SAR 2/08.10.2018/3P/7C