← Library
Madras High CourtHCP(MD)/1684/2018dismissed

S. Mala, W/O.Subramaniya v. The Principal Secreatary To

2019-04-26Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.1684 of 2018 S.Mala ... Petitioner -vs1. The Principal Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009

2. The District Collect and District Magistrate Theni, Theni District

3. The Superintendent of Prison Central Prison, Vellore ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the records of the detention dated 28.09.2018 in detention order No.26 of 2018 on the file of the Second Respondent herein and quash the same and direct the Respondents herein to produce the body of the detenue Nagarajan @ Bullet Nagaraj S/o.Subramaniyapillai, aged about 53 years, who is now confined in Central Prison, Vellore, before this Court and set him at liberty.

For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.M.Chandrasekaran Additional Public Prosecutor

O R D E R

[Order of the Court was made by B.PUGALENDHI, J.] The second respondent clamped an order of detention on 28.09.2018 as against Nagarajan @ Bullet Nagaraj, son of Subramaniyapillai, as the said Authority arrived at the subjective satisfaction that the said detenu is a 'Goonda' and he has to be detained under Section 3 (1) of Tamil Nadu Act 14 of 1982 with a view to prevent him from acting prejudicial to the interest of public health and public order.

2. The State has filed a counter affidavit. On perusal, it is seen that the detenu was found in possession of the High Court seal and other seals of various Government Offices, with which, it is alleged that he has been manufacturing orders, including judicial orders.

https://hcservices.ecourts.gov.in/hcservices/

3. The grounds raised by the petitioner in this habeas corpus petition assailing the impugned detention order are not satisfactory and taking into consideration the detenu's conduct, which is serious in nature, we are not inclined to grant the relief sought for by the petitioner.

4. In fine, the habeas corpus petition is dismissed. sd/ Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2. The District Collector and District Magistrate, Theni, Theni District.

3. The Superintendent of Prison, Central Prison, Vellore.

4. The Joint Secretary to Government of Tamil Nadu, Public(law&order), Fort. Saint george, Chennai 9

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

H.C.P.(MD) No.1684 of 2018 26.04.2019 krk MK (14.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/