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Madras High CourtCRL MP(MD)/12751/2024closed as infructuous

Kumar Prabhu v. The State Of Tamilnadu

2024-11-27Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN and The HONOURABLE MS. JUSTICE R. POORNIMA IN HCP(MD) No.866 of 2024 KUMAR PRABHU ... PETITIONER/DETENU Vs 1 THE THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT, HOME, PROHIBITION AND EXCISE (XIV)DEPARTMENT, FORT. ST. GEORGE, CHENNAI- 600 009.

2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUNELVELI DISTRICT, TIRUNELVELI.

3 THE SUPERINTENDENT OF PRISON PALAYAMKOTTAI CENTRAL PRISON, PALAYAMKOTTAI DISTRICT.

... 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 Kumar Prabha, S/o. Anthony Kitheriyan aged about 28 years, now detained as Goonda at Palayamkottai Central 1/3

Prison under preventive detenetion by order passed by the Respondent No.2 vide his order in MHS.Confdl.No:101/2024 dated 09.06.2024 under section 3(1) of Act 14 of 1982, for 3 days to attend the funeral ceremonies of the sister of the detenu by name Jarlin Mysgat.

Prayer in Habeas Corpus Petition(MD) No. . 866/ 2024 : To detention order of the R2 in M.H.S,Confdl No.101/2024 dated 09.06.2024 and Quash the same and direct the Respondents to produce the body or person of the detenu by name Kumar Prabha S/o.Antony Kitheriyan aged about 28 years, detained as Goonda at Palayamkottai Central Prison before this Hon'ble Court and set him at liberty forthwith.

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 Mr.R.ALAGUMANI, Advocate for the petitioner and of Mr.T.SENTHIL KUMAR, Additional Public Prosecutor on behalf of the Respondents, the court made the following order:- (Order of the court was delivered by G.R.Swaminathan, J.) This petition was filed seeking temporary release to enable the petitioner to attend the funeral ceremony of his sister. Though the District Administration did pass an order in favour of the petitioner, by the time, the petitioner could be released, the funeral ceremony had been completed. Hence, this miscellaneous petition is closed as infructuous.

sd/- 27/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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AM TO 1 THE THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT, HOME, PROHIBITION AND EXCISE (XIV)DEPARTMENT, FORT. ST. GEORGE, CHENNAI- 600 009.

2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUNELVELI DISTRICT, TIRUNELVELI.

3 THE SUPERINTENDENT OF PRISON PALAYAMKOTTAI CENTRAL PRISON, PALAYAMKOTTAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN HCP(MD) No.866 of 2024 Date :27/11/2024 SA/GSV/SAR. /06.12.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3