Aamina Beevi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN and The Hon`ble Ms.Justice R. POORNIMA in H.C.P.(MD)No.732 of 2024 AAMINA BEEVI ... Petitioner / Petitioner Vs 1 THE STATE OF TAMIL NADU REP BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.
2 THE COMMISSIONER OF POLICE TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI 3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON, TIRUCHIRAPPALLI ... Respondents / Respondents Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct the respondents to temporarily release the detenu by name Mohamed Mubarak @ Thakkali son of Mohamed Yahoop, aged about 32 yrs now taking treatment in Trichy Govt Hospital detained as Goonda at Trichy central Prison under Preventive detention by the order passed by the Respondent No.2 in C.No.53/Detention / C.P.O./TC/2024 dated 08.06.2024 for 30 days for taking treatment in Aravinth 1/4
Hospital, Madurai.
Prayer in Habeas Corpus Petition(MD) No. 732/ 2024 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased H2-GO. To call for the records pertaining to the impugned detention order passed by the 2nd respondent made in his proceedings in C.No. 53/Detention/C.P.O/T.C/2024 dt. 08.06.2024 in detaining the detenue under section 2(f) of the Tamil nadu Act 14 of 1982 as a Goonda and quash the same and direct the Respondents to produce the Detenu namely Mohammed Mubarak @ Thakkali S/o. Mohammed Yahoop, Male aged about 32 years, who is detained in Central Prison, Tiruchirappalli befor this Hon'ble Court and set him at liberty.
Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.K. M.KARUNAKARAN, Advocate for the petitioner and of M/s.S.RAVI, Additional Public Prosecutor on behalf of the Respondents the court made the following order:- This Criminal Miscellaneous Petition has been filed seeking to temporarily release the detenu, Mahamed Mubarak @ Thakkali, who is now detained as 'Goonda' under Preventive detention order dated 08.06.2024 passed by the second respondent categorized as 'Goonda' and detained at Central Prison at Trichy, to take treatment at Aravind Eye Hospital, Madurai, for his eye problem.
2. We had placed a request on the learned counsel for the petitioner to give the date on which the surgery is fixed so that appropriate orders can be passed granting leave, for those specific dates. But, however, the learned counsel for the petitioner today represented that the Hospital is not willing to treat the detenu.
3. The third respondent may, if there is any eye ailment of the detenu, take 2/4
appropriate steps as is provided in the Rules and Regulations. No further orders are required. This Petition stands closed.
sd/- 28/10/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THEPRINCIPAL SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, CHENNAI-600 009.
2 THE COMMISSIONER OF POLICE TIRUCHIRAPPALLI CITY, TIRUCHIRAPPALLI 3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON, TIRUCHIRAPPALLI
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
Copy to THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.
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ORDER
IN in H.C.P.(MD)No.732 of 2024 Date :28/10/2024 PSP/ MMS /SAR /07.11.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4