Madras High Court
Tattoo Dinesh @ Dineshkumar vs Unknown on 6 December, 2022
Author: P.N.Prakash
Bench: P.N.Prakash, N. Anand Venkatesh
H.C.P.No.952 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2022
CORAM:
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
AND
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
H.C.P.No.952 of 2022
Tattoo Dinesh @ Dineshkumar Petitioner
v
1 The Secretary to Government
Home, Prohibition and Excise Department
Secretariat, Fort St. George, Chennai 600 009
2 The District Magistrate and District Collector
Tiruppur District, Tiruppur
3 The Superintendent of Police
Tiruppur District, Tiruppur
4 The Superintendent of Prison
Central Prison - Coimbatore
Coimbatore District
5 The Inspector of Police
Perumanallur Police Station
Tiruppur District Respondents
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https://www.mhc.tn.gov.in/judis
H.C.P.No.952 of 2022
Petition filed under Article 226 of the Constitution of India, praying to issue
a WRIT OF HABEAS CORPUS to call for the entire records relating to the
petitioner's detention under Tamil Nadu Act 14 of 1982 vide detention order dated
10.05.2022 on the file of the 2nd respondent herein made in proceedings Memo
Cr.M.P.No.23/Goonda/2022, quash the same as illegal and consequently direct the
respondents herein to produce the petitioner viz., Tattoo Dinesh @ Dineshkumar,
aged about 24 years, S/o.Susidharan, before this Court and set the petitioner at
liberty from detention, now the petitioner detained at Central Prison, Coimbatore.
For Petitioner Mr.W.Camyles Gandhi
For Respondents Mr.R.Muniyapparaj
Additional Public Prosecutor
ORDER
[Made by P.N.PRAKASH, J.] The detenu himself is the petitioner herein, who has been detained by the 2nd respondent, by his order dated 10.05.2022 in Cr.M.P.No.23/Goonda/2022, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully.
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3. Though the learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the arrest intimation has not been properly translated in vernacular language. This deprived the detenu from making effective representation. Therefore, on this sole ground, the detention order is liable to be quashed.
4. On consideration of the submissions made on either side and upon perusal of the documents available on record, especially page Nos.88 and 89 of the booklet, it is clear that the arrest intimation has not been properly translated in vernacular language. Thus, the impugned detention order is liable to be set aside on this ground.
In the result, the Habeas Corpus Petition is allowed and the order of detention in Cr.M.P.No.23/Goonda/2022 dated 10.05.2022, passed by the 2nd respondent is set aside. The detenu viz., Tattoo Dinesh @ Dineshkumar, aged about 24 years, S/o.Susidharan, is directed to be released forthwith, unless his detention is required in connection with any other case.
[P.N.P., J.] [N.A.V., J.]
gya 06.12.2022
Issue order copy by 07.12.2022
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https://www.mhc.tn.gov.in/judis H.C.P.No.952 of 2022 P.N.PRAKASH, J.
AND N. ANAND VENKATESH, J.
gya To 1 The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St. George, Chennai 600 009 2 The Joint Secretary to Government Public, Law and Order Department Secretariat, Chennai-9 H.C.P.No.952 of 2022 3 The District Magistrate and District Collector Tiruppur District, Tiruppur 4 The Superintendent of Police Tiruppur District, Tiruppur 5 The Superintendent of Prison Central Prison - Coimbatore Coimbatore District 6 The Inspector of Police Perumanallur Police Station Tiruppur District 06.12.2022 7 The Public Prosecutor High Court, Madras 4/4 https://www.mhc.tn.gov.in/judis