Baranivallavan v. The Additional Cheif Secretary To Government

H.C.P.(MD) No.1007 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.1007 of 2020 Baranivallavan ... Petitioner/Detenu -vs1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department Fort St.George, Chennai-600 009 2.The District Collector and the District Magistrate, Office of the District Collector and District Magistrate, Dindigul District, Dindugul.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the entire records, connected with the detention order of the second respondent in Detention Order No.68/2020, dated 20.10.2020 and to quash the same and to direct the respondents to produce the body or person of the detenu by name Baranivallavan, son of Muthukrishnan, aged about 33 years, now detained as ''Drug offender'' in Madurai Central prison before this Court and set him at liberty forthwith. For Petitioner :

Mr.R.Alagumani For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in the Habeas Corpus Petition is to quash the the detention order of the second respondent in Detention Order No.68/2020, dated 20.10.2020 and to direct the respondents to produce the detenu by name Baranivallavan, son of Muthukrishnan, aged about 33 years, now detained as ''Drug offender'' in Madurai Central prison before this Court and set him at liberty forthwith. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1007 of 2020 2.When the matter is taken up for hearing today, the learned Additional Public Prosecutor produced a letter, dated 3.12.2020 sent by the Jail Officer,Central Prison, Madurai to the learned Judicial Magistrate No.V, Madurai stating that the detenu in this case had committed suicide by hanging, on 3.12.2020.The said letter is placed on record.

3.In the light of the above fact, we are of the opinion that nothing surives for consideration in this Habeas Corpus petition and accordingly, the same is dismissed as having become infructuous.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate / litigant concerned.

To:

1.The Additional Chief Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department Fort St.George,Chennai-600 009 2.The District Collector and the District Magistrate, Office of the District Collector and District Magistrate, Dindigul District,Dindugul.

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

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

ORDER MADE IN H.C.P.(MD) No.1007 of 2020 21.12.2020 (SSS)CO AP(06/01/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2