Madras High CourtHCP(MD)/1086/2019allowed

Sonai v. The Principal Secretary To Government

2020-02-19Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi2 pages

HCP(MD)No.1086 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Special Original Jurisdiction ) Wednesday, the Nineteenth day of February Two Thousand Twenty PRESENT:

The Hon`ble Mr.Justice T.RAJA AND The Hon`ble Mr Justice B.PUGALENDHI HCP(MD)No.1086 of 2019 (in the matter of Detenu SONAI, S/O.MUTHUKARUPPAN, AGED 24 YEARS ) Sonai S/o.Muthukaruppan, Chavadi Backside North Street, Palanganatham, Madurai (Now confining at Palyamkottai Central Prison) ... Petitioner.

Vs 1 The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2 The Commissioner of Police, O/o.the Commissioner of Police, Madurai City, Madurai.

3 The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District. ... Respondents. Petition under Article 226 of the Constitution of India, praying that in the Circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to issue a Writ of Habeas Corpus calling for the records relating to the detention of detenu SONAI, S/O.MUTHUKARUPPAN, AGED 24 YEARS under T.N.Act 14/1982 vide detention order dated 13/09/2019 on the file of the Second respondent herein made in Proceeding No. 61/BCDFGISSSV/2019 and set aside the same as illegal and consequently direct the respondents herein to set the said detenu at liberty from the Central Prison, Palayamkottai. ORDER:- This Habeas Corpus petition is coming for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru R.ALAGUMANI, Advocate for the Petitioner and of Thiru K.DINESH BABU, Additional Public Prosecutor on behalf of the respondents. IT IS OREDERED AS FOLLOWS:-

1. That, the order of detention of dentenu, SONAI, S/O.MUTHUKARUPPAN, AGED 24 YEARS issued by the Second respondent in Order No. 61/BCDFGISSSV/2019, dated 13/09/2019 be and hereby is set aside.

2. That, the said detenu, viz. SONAI, S/O.MUTHUKARUPPAN, AGED 24 YEARS who is https://hcservices.ecourts.gov.in/hcservices/ 1/2

HCP(MD)No.1086 of 2019 presently confined in Central Prison, Palayamkottai be set at liberty forthwith unless he is liable to be detained for some other case. ( Detailed Order will follow ) Sd/- Assistant Registrar (w) // True Copy // / /2020 Sub Assistant Registrar(CS) TO 1 The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2 The Commissioner of Police, O/o.the Commissioner of Police, Madurai City, Madurai.

3 The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.

(in duplicate for communication to Detenu)

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

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

Dated : 19/02/2020 ADVANCE ORDER HCP(MD) No.1086 of 2019 Allowing the petition for issue of Writ of Habeas Corpus and setting aside the order of the detention and directing the release of the detenu forthwith unless his / her detention is required in connection with any other case as stated within.

KK/SAR/19.02.2020/2P-7C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2