Sureka v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Sureka ... Petitioner -vs1. The State of Tamil Nadu, Rep By, The Principal Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 9.

2. The Commissioner of Police / Detaining Authority, Tiruchirappalli City, Tiruchirappalli District.

3. The Superintendent of Prison, Central Prison, Tiruchirappalli, Tiruchirappalli District.

4. The Inspector of Police, E.Pudur Police Station, Trichy City, Tiruchirappalli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, calling for the records relating

to the detention order in C.No.09/Detention/C.P.O/T.C/2025 dated 09.02.2025 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondents to produce the body or person of the detenu namely Saravanan, S/o.Ganesan, male aged 36 years now confined in Central Prison, Tiruchirappalli, Tiruchirappalli District before this Court and set him at liberty. For Petitioner :

Mr.R.Vijayaragavan For Respondents :

Mr.A.Thiruvadikumar, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by C.V.Karthikeyan, J.) The Habeas Corpus Petition had been allowed and the detention order had been quashed by order dated 17.10.2025 only on the ground that though the detenu had been produced at 10.00 p.m., in the English translation, it had been stated as "1.00 p.m.." and in the Tamil translation, it had been stated as "gpw;gfy; 10.00 kzp". The difference between the English version and Tamil version had prevented the detenu from making an effective representation.

2. As a matter of fact, in the remand order, it had been stated that the accused had been produced before the Additional Special Court for E.C. Act cases, Pudukkottai at 10.00 p.m. Thus, three different times have been given as to the time on which, the accused had been remanded. We had directed responsibility to be fixed on the individual, who had committed the said error.

3. Today, a report had been filed by the Commissioner of Police/second respondent that they had identified the particular individual and had also issued a show cause notice calling for explanation. It had also been stated that depending on the nature of explanation, further steps in accordance with law would be taken.

4. We are however, duty bound to further point out that we had directed and the Government had also taken up the issue of appointing Nodal Officer in the offices of the District Collectorate and the Superintendent of Police to ensure that the translations are in accordance with the English version. We would also direct that

necessary Nodal Officers may also be placed in the offices of the Commissionarate of Police not only in Southern Zone but in other Zones also, who would be responsible for the correct translation of the documents on the basis of which subjective satisfaction is arrived at by the Detaining Authority.

5. The Habeas Corpus Petition need not be listed again. [C.V.K., J.] [R.V., J.] 11.11.2025 vsm Note: Registry is directed to mark a copy of this order to the Additional Chief Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009 enclosing the earlier order dated 17.10.2025 and also the report of the Commissioner of Police Trichy, filed in Court today, dated 10.11.2025 NCC :Yes/No Index: Yes/No Internet: Yes/No

To

1. The Principal Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 9.

2. The Commissioner of Police / Detaining Authority, Tiruchirappalli City, Tiruchirappalli District.

3. The Superintendent of Prison, Central Prison, Tiruchirappalli, Tiruchirappalli District.

4. The Inspector of Police, E.Pudur Police Station, Trichy City, Tiruchirappalli District.

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

C.V.KARTHIKEYAN , J.

and R.VIJAYAKUMAR , J.

vsm 11.11.2025