Ezhumalai Vs State of Tamilnadu Rep.by, The Additional Chief Secretary to Government

State of Tamil Nadu represented by, The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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2.The District Collector and District Magistrate of Chengalpattu District, Office of the District Collector and District Magistrate, Chengalpattu District.

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3.The Superintendent of Police, Chengalpattu, Chengalpattu District.

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4.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

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

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H.C.P.No.2674 of 2025

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5.The Inspector of Police, Tiruporur Police Station, Chengalpattu District.

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Respondent(s)

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Habeas Corpus Petition filed under Section 226 of the Constitution of India to issue a Writ of Habeas Corpus calling for the records relating to the detention order dated 21.04.2025 in CPT.No.04/2025 passed by the second respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner’s son Ajith, S/o.Ezhumalai, aged about 27 years, the detenu, now confined in the Central Prison, Puzhal,

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Chennai - 600 066, before this Court and set him at liberty.

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For Petitioner(s): Mr.A.Vinoth Kumar

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For Respondent(s): Mr.R.Muniyapparaj Additional Public Prosecution assisted by Mr.M.Sylvester John

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ORDER

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(made by P.VELMURUGAN, J.)

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This habeas corpus petition has been filed calling for the records relating to the detention order dated 21.04.2025 in CPT.No.04/2025 passed

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by the second respondent under the Tamil Nadu Act 14 of 1982 and set aside Page 2 of 6

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

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H.C.P.No.2674 of 2025 the same and direct the respondents to produce the petitioner’s son Ajith, S/o.Ezhumalai, aged about 27 years, the detenu, now confined in the Central Prison, Puzhal, Chennai - 600 066, before this Court and set him at liberty.

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The learned Additional Public Prosecutor would submit that the

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investigation has been completed in the ground case and charge sheet has also been filed before the District Munsif-cum-Judicial Magistrate, Thiruporur. He would further submit that during Prison Adalat proceedings, the detenu pleaded guilty and therefore, he was convicted under Section 309(6) of Bharatiya Nyaya Sanhita, 2023 and sentenced to undergo 315 days simple imprisonment and to pay a fine of Rs.100/-, in default to undergo two weeks simple imprisonment.

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In such view of the matter, keeping this habeas corpus petition pending is considered no longer necessary, since the detenu has already been convicted and undergoing imprisonment pertaining to the ground case.

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In the result, this Habeas Corpus Petition is allowed and the detention order passed by the second respondent dated 21.04.2025 in CPT.No.04/2025

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

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H.C.P.No.2674 of 2025 is hereby set aside. The detenu Ajith, S/o.Ezhumalai, aged about 27 years, is directed to be set at liberty forthwith unless he is required in connection with any other case.

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(P.V., J.) (M.J.R., J.) 24.02.2026

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nsd

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

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H.C.P.No.2674 of 2025

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To

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1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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2.The District Collector and District Magistrate of Chengalpattu District, Office of the District Collector and District Magistrate, Chengalpattu District.

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3.The Superintendent of Police, Chengalpattu, Chengalpattu District.

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4.The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

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5.The Inspector of Police, Tiruporur Police Station, Chengalpattu District.

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5.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai – 9.

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6.The Public Prosecutor Madras High Court, Chennai – 600 104

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