HCP No.1297 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

H.C.P.No.1297 of 2022

Govindaraj Pandian

..

Petitioner

Vs.

1.

The Additional Chief Secretary

Home, Prohibition and Excise Department

Secretariat, Chennai – 600 009

2.

The Commissioner of Police

Greater Chennai

Chennai City Police

Office of the Commissioner of Police

Vepery, Chennai-600 007.

3.

The Superintendent of Central Prison

Central Prison, Vellore

Vellore- 632 002

4.

The Inspector of Police

S-7 Madipakkam Police Station

Chennai

..

Respondents

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HCP No.1297 of 2022

Petition filed under Article 226 of the Constitution of India praying

for issuance of a writ of habeas corpus to call for the records relating to the

detention order vide Memo No.142/BCDFGISSSV/2022 dated 03.06.2022

passed by the second respondent and set aside the same and direct the

respondent No.4 to produce the body of the detenue Muthusaravanan @

Thala, S/o.Govindharaj Pandian, aged 31 years now confined at Central

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

For Petitioner

:

Mr.P.Rajkumar Pandian

representing Mr.V.Pugazhventhan

For Respondents

:

Mr.R.Muniyapparaj

Additional Public Prosecutor

O R D E R

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

Captioned 'Habeas Corpus Petition' ['HCP'] has been filed in this

Court on 01.07.2022 assailing a 'detention order dated 03.06.2022 bearing

reference No.BCDFGISSSV No.142/2022' made by the second respondent.

2. The 'detention order' shall be referred to as 'impugned detention

order' and 'second respondent ' shall be referred to as 'Detaining Authority'

for the sake of convenience and clarity.

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HCP No.1297 of 2022

3. To be noted, fourth respondent who is the jurisdictional Inspector

of Police is the Sponsoring Authority.

4. When the matter was taken up, Mr.P.Rajkumar Pandian, learned

counsel representing Mr.V.Pugazhventhan, counsel on record for petitioner

and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor are

before us. Both sides submit that there are multiple accused in the ground

case and preventive detention orders have been clamped against all the

accused. As many as 12 HCPs filed by other co-accused have been

allowed by this Court. The tabulation in this regard is as follows:

SI.No.

H.C.P.Number

Name of the

petitioner

Name of the

Detenu

Date of

order

allowing

HCP

1

HCP.No.709/ 2022

R.Manjula

Vignesh

@

Appu

01.11.2022

2

HCP No.710/2022

M.Sharmila

Bhuvaneswar@

Magesh

26.09.2022

3

HCP No.711/2022

G.Radha

Sanjai @ Ajai

26.09.2022

4

HCP No.714/2022

D.Sumathi

Naveen

@

Narambu

01.11.2022

5

HCP.No.742/2022

A.Lokeshwaran

Kishorekumar

@Kishore

01.11.2022

6

HCP.No.869/2022

Nirmala

Arun @Kebi

17.10.2022

7

HCP.No.1007/2022

Saranya

Murugesan

15.12.2022

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HCP No.1297 of 2022

SI.No.

H.C.P.Number

Name of the

petitioner

Name of the

Detenu

Date of

order

allowing

HCP

8

HCP No.1096/2022

Menaka

Kutty@uma

Maheswaran

04.01.2023

9

HCP.No.1119/2022

Fathima

Ravi

@

Ramesh

23.12.2022

10

HCP No.1256/2022

P.Senthilkumar

Gauthaman

23.12.2022

11

HCP No.1326/2022

Kausalya

Sathishkumar

10.01.2023

12

HCP No.1139/2022

Raja

Arun Kumar @

Mannu Muttai,

17.10.2022

5. Both sides submit without any disputation or disagreement that the

impugned detention orders in all the aforesaid matters and the captioned

matter are identical i.e., ad verbatim the same, the trajectory the matters

have taken is also similar and the point/points on which the aforementioned

12 HCPs have been allowed is/are available to the petitioner in the

captioned HCP also. Therefore, we deem it appropriate to scan and

reproduce two of the aforementioned 12 orders, one order dated 01.11.2022

made in H.C.P.No.709 of 2022 and the other dated 26.09.2022 in