Madras High CourtHCP(MD)/1339/2022dismissed as infructuous

Ananthi v. The Additional Chief Secretary To Government

2023-06-13Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1339 of 2022 Ananthi .. Petitioner / Sister of the Detenu Vs.

1.State of Tamil Nadu, Rep. by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

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

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to call for the entire records connected with the

detention order passed in Cr.M.P.No.22/2022 dated 09.06.2022 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu, namely, the petitioner's brother i.e., Prabaharan alias Ezhuthani, aged about 29 years, S/o. Periyasamy, now detained at the Central Prison, Tiruchirappalli, before this Court and set him at liberty forthwith.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed to quash the detention order of the 2nd respondent in Cr.M.P.No.22/2022 dated 09.06.2022 and direct the respondents to produce the detenu, Prabaharan alias Ezhuthani, aged about 29 years, S/o. Periyasamy, who is detained at Central Prison, Tiruchirappalli, before this Court and set him at liberty.

2.The detention order, which is impugned herein, is dated 09.06.2022, as such, the detention period of one year is already over and hence, this petition has become infructuous. Accordingly, this Habeas Corpus Petition is dismissed as infructuous.

[R.S.K.,J.] & [K.K.R.K.,J.] 13.06.2023 Index : Yes/No Internet : Yes/No NCC :Yes/No SJ To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

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

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

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

R.SURESH KUMAR,J.

and K.K.RAMAKRISHNAN,J.

SJ HCP.(MD)No.1339 of 2022 13.06.2023