Madras High Court
Elumalai vs The Secretary To The on 22 January, 2021
HCP Nos. 261, 262 and 266 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH
and
The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. Nos. 261, 262 and 266 of 2020
Elumalai .. Petitioner
in all HCPs
Vs.
1.The Secretary to the
Government of India,
Ministry of Home Affairs,
(Department of Internal Security),
North Block,
New Delhi - 1.
2.The State of Tamil Nadu
Rep. by the Secretary to Govt.
Public (Law and Order), Dept,
Secretariat, Chennai - 09.
3.The District Collector,
Tiruchirappalli District.
4.The Deputy Collector(i/c),
Kottappattur Refugee Camp,
Tiruchirappalli.
5.The Superintendent of Police,
Q-Branch CID, Chennai - 04.
6.The Commissioner of Police,
Greater Chennai. .. Respondents
in all HCPs
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HCP Nos. 261, 262 and 266 of 2020
Prayer in HCP No. 261/2020: Petition filed under Article 226 of the
Constitution of India praying to issue a writ of habeas calling for the
records in connection with the order of detention passed by the second
respondent dated 17.09.2019 by the third respondent based on
G.O.(ID) No.426/2006 dated 09.09.2019 against petitioner friend
namely Valkov Boris Ventsislavov, male, aged 33 years,
S/o.Ventsislavov, who is confined at Kottappattu Refugee Camp,
Tiruchirappalli District, and set aside the same and direct the
respondents to produce the detenu before this Court and set him at
liberty.
Prayer in HCP No. 262/2020: Petition filed under Article 226 of the
Constitution of India praying to issue a writ of habeas calling for the
records in connection with the order of detention passed by the second
respondent dated 17.09.2019 by the third respondent based on
G.O.(ID) No.426/2006 dated 09.09.2019 against petitioner friend
namely Bozhichkov Nikolay Katev, male, aged 31 years,
S/o.Bozhickvo, who is confined at Kottappattu Refugee Camp,
Tiruchirappalli District, and set aside the same and direct the
respondents to produce the detenu before this Court and set him at
liberty.
Prayer in HCP No. 266/2020: Petition filed under Article 226 of the
Constitution of India praying to issue a writ of habeas calling for the
records in connection with the order of detention passed by the second
respondent dated 17.09.2019 by the third respondent based on
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HCP Nos. 261, 262 and 266 of 2020
G.O.(ID) No.426/2006 dated 09.09.2019 against petitioner friend
namely Spasov Loyubomir Maksimov, male, aged 31 years, S/o.
Maksimov, who is confined at Kottappattu Refugee Camp,
Tiruchirappalli District, and set aside the same and direct the
respondents to produce the detenu before this Court and set him at
liberty.
For Petitioner
in all HCPs .. Mr.Gopalakrishnan
For Respondents
in all HCPs .. Mr.R.Prathap Kumar
Addl. Public Prosecutor
for R2 to R6
COMMON ORDER
[Order of the Court was made by P.N.PRAKASH, J.]
A common friend of three detenus, namely, 1) Nikolay Katev,
aged about 29 years, 2) Boris Vensistavo, aged about 30 years and 3)
Spasov Llyubomir Maksimov, aged about 30 years, has filed these
petitions challenging the detention of the three detenus under the
Foreigners Act, 1946.
2. It is the case of the State that these three detenus were
involved in C.C.B - PS Crime No.217 of 2019, for the offences under
Sections 420, 467, 468, 417 IPC and Section 63 of the Information
Technology Act, they were arrested and on release, they were lodged
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HCP Nos. 261, 262 and 266 of 2020
in the Special Camp for Foreigners on the ground that they were
required to face trial in Crime No. 217 of 2019.
3. The police completed the investigation and filed charge-sheet
in C.C.No.1121 of 2020 in the Court of Judicial Magistrate-No.1(F.A.C),
Alandur against the three detenus.
4. The trial Court vide judgment and order dated 20.01.2021,
has convicted them and sentenced to various terms of imprisonment
and has also set-off under Section 428 Cr.P.C.
5. In the light of the above, these habeas corpus petitions stand
closed.
(P.N.P.,J.) (V.S.G.,J.)
22.01.2021
Index: Yes/No
ssm
To
1.The Secretary to the Government of India,
Ministry of Home Affairs,
(Department of Internal Security),
North Block,
New Delhi - 1.
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HCP Nos. 261, 262 and 266 of 2020
2.The State of Tamil Nadu
Rep. by the Secretary to Govt.
Public (Law and Order), Dept,
Secretariat, Chennai - 09.
3.The District Collector,
Tiruchirappalli District.
4.The Deputy Collector(i/c),
Kottappattur Refugee Camp,
Tiruchirappalli.
5.The Superintendent of Police,
Q-Branch CID, Chennai - 04.
6.The Commissioner of Police,
Greater Chennai.
7.The Public Prosecutor,
High Court, Madras.
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HCP Nos. 261, 262 and 266 of 2020
P.N.PRAKASH, J.
and
V.SIVAGNANAM, J.
ssm
and 266 of 2020
22.01.2021
https://www.mhc.tn.gov.in/judis/
