D.Kalaiselvi 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.27/BCDFGISSSV/2023 made by the second respondent is set aside and the detenu Thiru.Dheena @ Dhinakaran, Son of Thirvu.David Raja, 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, Government Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai – 600 009.

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

3.The Superintendent, Central Prison, 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 H.C.P(MD)No.1052 of 2023 D.Kalaiselvi .. Petitioner vs 1.Government Tamil Nadu, Rep. By the Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai – 600 009. 2.The Commissioner of Police, Madurai City, Madurai District. 3.The Superintendent, Central Prison, Madurai. : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records connected with the detention order of the 2nd respondent in No.27/BCDFGISSSV/2023 dated 15.04.2023 and to quash the same and direct the respondents to produce the body or person of the detenu namely Dheena @ Dhinakaran, S/o.Davidraja, aged 22 years (now detained at Central Prison, Madurai) before this Hon'ble Court and set him at liberty. For Petitioner : Mr.K.Dinesh For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor