Alamelu v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2019

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH AND THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR H.C.P.No. 67 of 2019 Alamelu .. Petitioner Vs 1.State of Tamil Nadu Rep. By its Secretary, Home,Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, calling for the records relating to detention order in memo No. 1031/BCDFGISSSV/2018 dated 12.11.2018 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's son Saravanan @ Saran , S/o Raji, aged about 24 years, now confined at Central Prison, Puzhal, Chennai before this Hon'ble Court and set the petitioner's son Thiru Saravanan @ Saran S/o Raji, aged 24 years the detenu herein at liberty.

For Petitioner : Mr.R.Muthukumar For Respondents : Mr.R.Prathap Kumar Addl.Public Prosecutor

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner is the mother of Saravanan @ Saran , S/o Raji, aged about 24 years who is the detenu. The detenu has been detained by the second respondent by his order in No.1031/BCDFGISSSV/2018 dated 12.11.2018, 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. We have also perused the records produced by the Detaining Authority.

3.Learned counsel for the petitioner submits that in arriving at the conclusion of imminent possibility of the detenu being released on bail, the detaining authority has stated that in a similar case, bail was granted by the Principal District and Sessions Judge, Thiruvallur in Crl.M.P.No.3177 of 2018. 4.A perusal of the impugned order informs that the accused in that case had no previous case against his name, whereas in the instant case, the detenu has five previous cases. Therefore, the detaining authority had erred in treating the case relied upon and the case of the detenu as similar in nature. As the order of the detaining authority reflects non application of mind, the order under challenge is liable to be set aside.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in Memo No.1031/BCDFGISSSV/2018 dated 12.11.2018 passed by the second respondent is set aside. The detenu, namely, Saravanan @ Saran, S/o Raji, aged about 24 years, is directed to be released forthwith unless his detention is required in connection with any other case. mmi/ssm Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

1. The Secretary to Government Home,Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4. The Joint Secretary to Government, Public (Law & Order), Fort St.George, Chennai -600 009.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No. 67 of 2019 Kak(05/08/2019)