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2025 DAILYLAW 188450 (MAD)

Vijayalakshmi v. The State of Tamilnadu

HCP(MD)/697/2025 · 2025-11-07

C V Karthikeyan, R Vijayakumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HCP(MD) NO. 697 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21-11-2025 CORAM THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR HCP(MD) NO. 697 of 2025 1. Vijayalakshmi W/o.Pandiyan No.12/13 Society Street Thuvakudi Malai North Thiruverumbur Taluk Trichy District. Petitioner(s) Vs 1. The State of Tamilnadu Rep by The Additional Chief Secretary to Government Home,Prohibition and Excise dept Fort St.George Chennai – 9. 2. The District Collector and District Magistrate Tiruchirappalli District. 3. The Superintendent of Prison Central Prison Tiruchirappalli. Respondent(s) 1/4 https://www.mhc.tn.gov.in/judis For Petitioner(s): Mr.K. M.Karunakaran For Respondent(s): Mr.A.Thiruvadi Kumar Additional Public Prosecutor Prayer: This petition is filed under Article 226 of the Constitution of India to call for the records pertaining to the impugned detention order passed by the 2nd respondent made in his proceedings in Cr.M.P.No.14/2025 dt 29.03.2025 in detaining the detenu under Section 2(f) of the Tamil Nadu Act 14 of 1982 as a Goonda and quash the same and direct the respondents to produce the detenu namely Santhakumar, S/o Pandiyan, Male, aged about 25 years, who is detained in Central Prison, Tiruchirappalli before this Court and set him at liberty. ORDER (Order of the Court was made by the Hon'ble C.V.Karthikeyan J.) We have received a report of the Additional Registrar II (Vigilance) FAC, wherein, he had conducted an enquiry and recorded the evidence of the witnesses in the Judicial Magistrate No.VI, Trichy, in Thuvakudi Police Station, Trichy, from the Sub Court, Trichy, the Doctor, Department of Orthopaedics, K.A.PV.Government Medical College at Trichy and the Assistant Jailor, Central Prison, Trichy and also collected relevant records. 2. The learned Additional Public Prosecutor stated that immobility certificate was issued by the Doctor necessitating the Magistrate to go over to the hospital to remand the accused on whom subsequently the detention order has been passed. 2/4 https://www.mhc.tn.gov.in/judis 3. We only wanted to verify the veracity of the remand order passed since it was not enclosed by the sponsoring authority along with the documents forwarded to the detaining authority to come to a subjective satisfaction and the remand order was produced. It was for that reason we have sought enquiry to be conducted. 4. The learned Additional Public Prosecutor submitted that remand had been properly done but at the hospital premises. 5. We are satisfied with the report. No further directions are required. 6. The Registry may return back the original records received from the Judicial Magistrate No.6, Trichy, to the said court. (C.V.KARTHIKEYAN J.) (R.VIJAYAKUMAR J.) 21-11-2025 CM 3/4 https://www.mhc.tn.gov.in/judis To 1. The State of Tamilnadu Rep by The Additional Chief Secretary to Government Home Prohibition and Excise dept Fort St.George Chennai - 9. 2. The District Collector and District Magistrate Tiruchirappalli District. 3. The Superintendent of Prison Central Prison Tiruchirappalli. 4/4 https://www.mhc.tn.gov.in/judis