H.C.P.Nos.518 & 559 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.Nos.518 and 559 of 2023

P.Mallika

.. Petitioner in

H.C.P.No.518 of 2023

K.Jayanthi

.. Petitioner in

H.C.P.No.559 of 2023

Vs

1.State of Tamil Nadu rep. By its Secretary,

Prohibition and Excise Department,

Fort St. George, Chennai – 9.

2.The District Collector and District Magistrate,

Thiruvannamalai, Thiruvannamalai District.

3.The Superintendent of Prison,

Central Prison, Vellore, Vellore District.

4.The Superintendent of Police,

Thiruvannamalai, Thiruvannamalai District.

5.The Inspector of Police,

Arani Town Police Station,

Thiruvannamalai District.

.. Respondents

in both HCPs

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H.C.P.Nos.518 & 559 of 2023

Prayer in H.C.P. No.518 of 2023: Petition filed under Article

226 of the Constitution of India praying for issuance of a writ of

habeas corpus to call for the records of the detention dated

04.03.2023 in detention order D.O.No.25/2023-C2 on the file of the

second respondent herein and quash the same and direct the

respondents herein to produce the body of the detenu Saravanan,

S/o.Pari, Hindu, aged about 33 years, who is now confined in Central

Prison, Vellore, before this Court and set him at liberty.

Prayer in H.C.P. No.559 of 2023: Petition filed under Article

226 of the Constitution of India praying for issuance of a writ of

habeas corpus to call for the records of the detention dated

04.03.2023 in detention order D.O.No.26/2023-C2 on the file of the

second respondent herein and quash the same and direct the

respondents herein to produce the body of the detenu Kumaran,

S/o.Perumal, Hindu, aged about 37 years, who is now confined in

Central Prison, Vellore, before this Court and set him at liberty.

For Petitioner

:

Mr.R.Krishnakumar

in both HCPs

For Respondents

:

Mr.E.Raj Thilak

Additional Public Prosecutor

in both HCPs

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H.C.P.Nos.518 & 559 of 2023

COMMON ORDER

[Order of the Court was made by M.SUNDAR, J.,]

This common order will now dispose of captioned two 'Habeas

Corpus Petitions' (hereinafter 'HCPs' for the sake of convenience and

clarity).

2. When the captioned HCPs were listed in the Admission Board

on 05.04.2023 and 12.04.2023 respectively, the following orders were

made:

'

H.C.P.No.518 of 2023

M.SUNDAR, J.,

and

M.NIRMAL KUMAR, J.,

(Order of the Court was made by M.SUNDAR, J.,)

Captioned Habeas Corpus Petition has been filed

in this Court on 24.03.2023 inter alia assailing a

detention order dated 04.03.2023 bearing Reference

D.O. No.25/2023-C2 made by 'second respondent'

[hereinafter 'Detaining Authority' for the sake of

convenience and clarity]. To be noted, fifth respondent

is the Sponsoring Authority.

2.

Mother of the detenu is the petitioner.

3.

Mr.R.Thamaraiselvan, learned counsel on

record for habeas corpus petitioner is before us.

Learned counsel for petitioner submits that ground

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H.C.P.Nos.518 & 559 of 2023

case qua the detenu is for 'man missing' subsequently

altered into one under Section 364 A of 'The Indian

Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake

of convenience and clarity] in Crime No.10 of 2023 on

the file of Arni Town Police Station.

4.

The aforementioned detention order has been

made on the premise that the detenu is a 'Goonda'

under Section 2(f) of 'The Tamil Nadu Prevention of

Dangerous Activities of Bootleggers, Cyber law

offenders, Drug-offenders, Forest-offenders, Goondas,

Immoral traffic offenders, Sand-offenders, Sexual-

offenders, Slum-grabbers and Video Pirates Act, 1982

(Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of

1982'