Praveenkumar vs The Principal Secretary To Government
2025 Latest Caselaw 1721 Mad

Madras High Court

Praveenkumar vs The Principal Secretary To Government on 10 January, 2025

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                         H.C.P.(MD)No.1052 of 2024


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 10.01.2025

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                               and
                              THE HONOURABLE MS.JUSTICE R.POORNIMA

                                           H.C.P.(MD)No.1052 of 2024

                     Praveenkumar                                           ... Petitioner

                                                       Vs.

                     1.The Principal Secretary to Government,
                       Home, Prohibition and Excise Department,
                       Secretariat, Chennai 9.

                     2.The District Magistrate and District Collector,
                       Dindigul, Dindigul District.

                     3.The Superintendent of Prison,
                       Central Prison, Madurai.                            ... Respondents


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

                     praying for the issue of a Writ of Habeas Corpus, calling for the records

                     in pursuant to the proceedings of the 2nd Respondent in Detention order

                     No.60/2024 dated 21.06.2024 Quash the same and consequently direct

                     the Respondents to produce the detenue, namely Praveenkumar,


                     1/5

https://www.mhc.tn.gov.in/judis
                                                                               H.C.P.(MD)No.1052 of 2024


                     S/o.Manikandan, aged 19 years who is now detained in Central Prison,

                     Madurai before this Court and set him at liberty.


                                  For Petitioner      : Mr.M.Chandrabose

                                  For Respondents : Mr.T.Senthil Kumar,
                                                          Additional Public Prosecutor
                     .
                                                          ORDER

(Order of the court was delivered by G.R.Swaminathan, J.)

Heard both sides.

2. The petitioner was detained as Goonda vide order dated

21.06.2024 by the second respondent. Representation dated 14.08.2024

was submitted for revoking the detention order. The under Secretary

dealt with the file on 22.08.2024. However, the Deputy Secretary dealt

with the file on 30.08.2024. We notice that there is an unexplained delay

of four days in considering the representation.

3. At this stage, Thiru.Krishnasamy, learned counsel representing

the defacto complainant has made two fold submissions.

https://www.mhc.tn.gov.in/judis

A. Defacto complainant is apprehending threat to his life.

B. Trial should be directed to be expedited.

4. We find both requests to be reasonable. We direct the

Superintendent of Police, Dindigul District, Didigul to ensure that

witnesses in Crime No.347 of 2024 on the file of the Dindigul Taluk

Police Station, Dindigul are given fullest protection and that they do not

face any danger at the hands of the accused.

5. The learned Additional Public Prosecutor is requested to

communicate this order to the Superintendent of Police, Dindigul. It is

stated that investigation has already been completed. Committal

proceedings have already been concluded. However, SC number is yet to

be assigned.

6. We direct the learned Principal District and Sessions Judge,

Dindigul to conclude the trial and pronounce the Judgment in this case

within a period of four months from the date of receipt of a copy of this

order.

https://www.mhc.tn.gov.in/judis

7. In this view of the matter, we hold that the detenu's continued

detention is illegal. He shall be set at liberty forthwith unless his

detention is otherwise warranted by law. This habeas corpus petition is

allowed accordingly.

                                                                   (G.R.S. J.,) & (R.P. J.,)
                                                                         10.01.2025
                     NCC          : Yes/No
                     Index        : Yes / No
                     Internet     : Yes/ No
                     rmi
                     Issue order copy on 10.01.2025

                     To:-

1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 9.

2.The District Magistrate and District Collector, Dindigul, Dindigul District.

3.The Superintendent of Prison, Central Prison, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy To:

The Superintendent of Police, Dindigul.

https://www.mhc.tn.gov.in/judis

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

rmi

10.01.2025

https://www.mhc.tn.gov.in/judis