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Susila v. The State Of Tamil Nadu

Susila v. The State Of Tamil Nadu

(High Court Of Judicature At Madras)

H.C.P.No. 62 of 2025 | 28-01-2025

S.M.Subramaniam, J

1. The preventive detention order passed by the second respondent in proceedings No.1224/BCDFGISSSV/2024 dated 11.12.2024 is sought to be quashed in the present habeas corpus petition.

2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.

3. Two adverse cases are relied on for issuing the impugned detention order. The said adverse cases are registered in the year 2021 and has no proximity with the ground case, which was registered in Crime No.1287/2024 under Section 123, 278 of Bharatiya Nyaya Sanhita, 2023.

4. Mere involvement in a criminal case cannot be a ground to invoke preventive detention law. Subjective satisfaction of the detaining authority with reference to records available are of paramount importance. Both the adverse cases and the ground case can be dealt with by the Police Authorities under the ordinary law. Contrarily, preventive detention cannot be adopted for the purpose of punishing the detenu.

5. Accordingly, the detention order passed by the 2 nd respondent, in proceedings No.1224/BCDFGISSSV/2024 dated 11.12.2024 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Aro @ Arokiyam, aged 25 years, S/o. Subramani confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith unless he is required in connection with any other case.

Advocate List
  • Mr.P.Santhosh

  • Mr. R.Muniyapparaj Additional Public Prosecutor

Bench
  • HON&quot
  • BLE MR. JUSTICE S.M.SUBRAMANIAM
  • HON&quot
  • BLE MR. JUSTICE M.JOTHIRAMAN
Eq Citations
  • LQ
  • LQ/MadHC/2025/252
Head Note