H.C.P.No.329 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

AND

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.NO.329 OF 2023

Subbulakshmi

..

Petitioner

Vs

1.The Secretary to Government

Home, Prohibition and Excise Department

Fort St. George,

Chennai – 600 009.

2.The Commissioner of Police

Greater Chennai

Chennai City.

3.The Superintendent of Police

Central Prison

Puzhal,

Chennai.

4.The Inspector of Police

H-6, R.K.Nagar Police Station,

Chennai.

..

Respondents

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H.C.P.No.329 of 2023

PRAYER: Petition filed under Article 226 of the Constitution of India

praying for issuance of a Writ of Habeas Corpus, calling for the records in

connection with the order of detention passed by the second respondent dated

03.02.2023 in BCDFGISSSV No.31/2023 against the petitioner husband

Thiru. Sankar @ Gowri Sankar, male aged about 27 years, son of Ravi, who

is confined at Central Prison, Puzhal, Chennai and set aside the same and

direct the respondents to produce the detenu before this Court and set him at

liberty.

For Petitioner

:

Mr.A.Venkateswara Babu

For Respondents

:

Mr.E.Raj Thilak

Additional Public Prosecutor

ORDER

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

When the captioned 'Habeas Corpus Petition' [hereinafter 'HCP'

for the sake of convenience and clarity] was listed in the Admission Board on

06.03.2023, this Court made the following order:

'Captioned Habeas Corpus Petition has been filed in

this Court on 24.02.2023 inter alia assailing a detention

order

dated

03.02.2023

bearing

reference

No.31/BCDFGISSSV/2023 made by 'second respondent'

[hereinafter 'Detaining Authority' for the sake of

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H.C.P.No.329 of 2023

convenience and clarity]. To be noted, fourth respondent is

the Sponsoring Authority.

2.Wife of the detenu is the petitioner.

3.Mr.A.Venkateswara Babu, learned counsel on

record for petitioner is before us. Learned counsel for

petitioner submits that ground case qua the detenu is for

alleged offences under Sections 341, 294(b), 323, 336, 427,

392, 397 and 506(ii) of 'The Indian Penal Code (45 of

1860)' [hereinafter 'IPC' for the sake of convenience and

clarity] in Crime No.27 of 2023 on the file of H6

R.K.Nagar 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' for the sake of

convenience and clarity].

5.The detention order has been assailed inter alia on

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H.C.P.No.329 of 2023

the ground that family members of the detenu are not

informed about the detention which prevented to make an

effective representation.

6.Prima facie case made out for admission. Admit.

Issue Rule nisi returnable by four weeks.

7.Mr.R.Muniyapparaj, learned Additional Public

Prosecutor, State of Tamil Nadu accepts notice for all

respondents. List the captioned Habeas Corpus Petition

accordingly.'

3.There are five adverse cases and one ground case. The ground

case which constitutes substantial part of substratum of the impugned

preventive detention order is Crime No.27 of 2023 on the file of H-6

R.K.Nagar Police Station for alleged offences under Sections 341, 294(b),

323, 336, 427, 392, 397 and 506(ii) of 'The Indian Penal Code, 1860 (Act 45

of 1860)' ['IPC' for brevity]. Owing to the nature of the challenge to the

impugned detention order, it is not necessary to delve into the factual matrix

or be detained further by facts.

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