Smt. S. Sridevi v. The State Of Telangana

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice Gudiseva Shyam Prasad Writ Petition No.26500 of 2018 Date: 04.10.2018 Between:

Smt.S.Sridevi ..Petitioner and The State of Telangana Rep. by its Principal Secretary Home Deparatment, Secretariat, Hyderabad and 2 others ..Respondents Counsel for the petitioner:

Mr.V.Raghunath Counsel for the respondents: GP for Home (TS) The Court made the following:

Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of Habeas Corpus by quashing Detention Order No.19/PD/CCRB/CYB/2018, dated 06.06.2018, passed by respondent No.2.

We have heard Mr.V.Raghunath, learned Counsel for the petitioner, and the learned Government Pleader for Home appearing for the respondents at length.

Respondent No.2, in his detention order, has relied upon four criminal cases. After referring to those cases, he has observed that the detenu has obtained bail in all the cases. The admitted fact, however, is that in Crime No.61 of 2018 of I Town Police Station, Mahaboobnagar, registered for the offences punishable under Sections 363 and 506 read with 34 IPC, the detenu has not secured bail. Therefore, the impugned detention order is passed on the basis of a wrong premise that the detenu was on bail in all the cases. Thus, the impugned order suffers from total non-applicant of mind. During the hearing, the learned Government Pleader submitted that as the activities of the detenu are proving to be prejudicial to the public order, the Court may direct his externment from the Cyberabad area for the residuary period of his detention. The petitioner, who is present in the Court, has readily agreed for this proposal. In the light of the above facts and circumstances of the case, the impugned Detention Order No.19/PD/CCRB/CYB/2018, dated

06.06.2018, of respondent No.2 is quashed subject to the following conditions:

(i) The detenu shall be released from the detention, if and when he is granted bail in all the Criminal Cases pending against him subject to his giving a written undertaking addressed to respondent No.2 to the effect that he shall leave the Cyberabad area and live outside the said area till the detention period is over i.e., till 06-06-2019 and handing over the same to the Superintendent of the Jail, in which he is presently detained;

(ii) It is made clear that if the detenu repeats his conduct of committing the offences in future, the respondents shall be free to initiate a fresh action against him in accordance with law.

(iii) The detenu is, however, permitted to enter the Cyberabad area, only for the limited purpose of attending the jurisdictional Courts in connection with the Criminal Cases, which are pending against him.

Subject to the above directions, the Writ Petition is allowed. ______________________ (C.V.Nagarjuna Reddy, J) _______________________ (Gudiseva Shyam Prasad, J) Dt: 4th October, 2018 Note:

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