H.C.P.Nos.1443, 1556 & 1602 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

H.C.P.Nos.1443, 1556 & 1602 of 2022

Senthilkumar

S/o.Kalyanasundaram

..

Petitioner

in HCP No.1443 of 2022

Kamatchi

W/o.Thirumalai

..

Petitioner

in HCP No.1556 of 2022

J.Malar

S/o.Jaishankar

..

Petitioner

in HCP No.1602 of 2022

Vs.

1.

The Principal Secretary to the Government

Home Prohibition and Excise Dept.,

Secretariat, Chennai-600 009.

2.

The Commissioner of Police

O/o. Tambaram Commissioner of Police

Tambaram City.

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H.C.P.Nos.1443, 1556 & 1602 of 2022

3.

The Superintendent of Prison

Central Prison

Puzhal, Chennai-66.

4.

The Inspector of Police

C-4 Somangalam Police Station

Chennai.

.. Respondents in all HCPs

HCP No.1443 of 2022 filed under Article 226 of the Constitution of

India praying for issuance of a writ of habeas corpus to call for the records

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

dated 30.06.2022 in Memo No.99/BCDFGISSSV/2022 against the

petitioner's brother Gopi @ Gopinath, Male aged 33 yeras, son of

Kalyanasundaram, who is confined at Central Prison, Puzhal, Chennai and

set aside the same and direct the respondents to produce the detenu before

the Hon'ble Court and set him at liberty.

HCP No.1556 of 2022 filed under Article 226 of the Constitution of

India praying for issuance of a writ of habeas corpus to call for the entire

records connected with the detention order in BCDFGISSV No.100/2022

dated 30.06.2022 on the file of the respondent No.2 and quash the same and

direct the respondents to produce the body and person of the petitioner's son

one named Thiru.Vignesh @ Eliyappu, aged about 22 years, son of

Thirumalai, now confined at Central Prison, Puzhal before this Hon'ble

Court and set him at liberty forthwith.

HCP No.1602 of 2022 filed under Article 226 of the Constitution of

India praying for issuance of a writ of habeas corpus to call for the entire

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H.C.P.Nos.1443, 1556 & 1602 of 2022

records connected with the detention order in 98/BCDFGISSV/2022 dated

30.06.2022 on the file of the respondent No.2 and quash the same and direct

the respondents to produce the body and person of the petitioner's son one

named Thiru.Yuvaraj aged about 21 years, son of Jaishankar, now confined

at Central Prison, Puzhal before this Hon'ble Court and set him at liberty

forthwith.

For Petitioner

in HCP No.1443 of 2022

:

Mr.S.Senthilvel

For petitioner

in HCP Nos.1556 & 1602 of 2022

:

Mr.P.Muthamizh Selvakumar

For Respondents in all HCPs

:

Mr.R.Muniyapparaj

Additional Public Prosecutor

C O M M O N O R D E R

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

This common order will now dispose of the captioned 'Habeas

Corpus Petitions' [hereinafter 'HCPs' in plural and 'HCP' in singular for the

sake of brevity and convenience].

2. To be noted, 'HCP No.1443 of 2022' shall be referred to as 'I HCP',

'HCP No.1556 of 2022' shall be referred to as 'II HCP' and 'HCP No.1602 of

2022' shall be referred to as 'III HCP' for the sake of convenience and

clarity.

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H.C.P.Nos.1443, 1556 & 1602 of 2022

3. I HCP has been filed by the brother of detenu in this Court on

22.07.2022 assailing a 'detention order dated 30.06.2022 bearing reference

BCDFGISSSV No.99/2022' [hereinafter 'I impugned detention order' for the

sake of convenience and clarity] made by the 'second respondent i.e.,

jurisdictional Commissioner of Police' [hereinafter 'Detaining Authority' for

the sake of convenience and clarity].

4. II HCP has been filed by mother of detenu in this Court on

05.08.2022 assailing a 'detention order dated 30.06.2022 bearing reference

BCDFGISSSV No.100/2022' [hereinafter 'II impugned detention order' for

the s