V.Anandhi v. The Principal Secretary to Government

O R D E R *********** [Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, this Bench was informed that co-accused in the ground case were also clamped with preventive detention orders. The same were challenged by way of 'Habeas Corpus Petitions' [hereinafter 'HCPs' for the sake of brevity] and HCPs were allowed by this Court on 05.10.2023 by way of common order. The said order is as follows:

¶2There is no disputation or contestation that the points on which the aforementioned HCPs are allowed are available to the detenu in the captioned HCP also.

¶3Ergo, the sequitur is, captioned HCP is allowed. Impugned preventive detention order dated 15.04.2023 bearing reference No.28/BCDFGISSSV/2023 made by the second respondent is set aside and the detenu Thiru.V.Madhan, Son of Thirvu.Vadivel, aged 22 years, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs. (M.S.,J.) (R.S.V.,J.) Index : Yes

16.10.2023 vsm P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Madurai. M.SUNDAR, J., and R.SAKTHIVEL, J., vsm To

1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009.

2.The Commissioner of Police, Madurai City, Madurai.

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

4.The Inspector of Police, Thiruparankumdram Police Station, Madurai.

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

16.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL V.Anandhi .. Petitioner vs 1.The State of Tamil Nadu, Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009. 2.The Commissioner of Police, Madurai City, Madurai. 3.The Superintendent of Prison, Madurai Central Prison, Madurai. 4.The Inspector of Police, Thiruparankumdram Police Station, Madurai. : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records relating to the detention order passed by the 2nd respondent in Detention Order No. 28/BCDFGISSSV/2023, dated 15.04.2023 and to quash the same and direct the respondents to produce the body or person of the detenu, V.Madhan, Son of Vadivel, aged about 22 years, before this Hon'ble Court and set him at liberty, now detained at Central Prison, Madurai. For Petitioner : Mr.R.Selvaraj For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor