M.Selvaganapathi v. The Secretary To Govt.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2015

CORAM

THE HONOURABLE DR. JUSTICE S.TAMILVANAN and THE HONOURABLE MR. JUSTICE C.T.SELVAM H.C.P.No.1223 of 2015 M.Selvaganapathi S/o.Mani .. Petitioner Vs.

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

2.The Commissioner of Police, Chennai City.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 14.03.2015 in Memo No.245/BCDFGISSSV/2015 against the petitioner's brother Rajkumar @ Thoppai Raja, Male aged 25 years, S/o.Mani, who is confined at Central Prison, Puzhal II, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner :

Mr.S.Senthilvel For Respondents:

Mr.M.Maharaja, Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.TAMILVANAN, J.] Petitioner is the brother of the detenu, who has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under order of the second respondent passed in Memo No.245/BCDFGISSSV/2015 dated 14.03.2015.

2. The detenu came to adverse notice in the following cases: Sl.No .

Police Station and Crime No.

Sections of Law F.5 Choolaimedu Police Station, Crime No.262 of 2015 341, 294(b), 324, 323 and 506 (ii) IPC F.5 Choolaimedu Police Station, Crime No.505 of 2015 302 IPC The alleged ground case has been registered against the detenu on 11.02.2015, by the Inspector of Police, Law and Order, F.5 Choolaimedu Police Station, in Crime No.507 of 2015 for offences u/s.294(b), 341, 323, 392, 307, 336, 427 and 506(ii) IPC. Aggrieved by the order of detention, the present writ petition has been filed.

3. Amidst several grounds, learned counsel for petitioner submitted that the detaining authority has been of the view that there is real possibility of the detenu being released on bail since in a similar case bail has been granted. In support of such reasoning, he has relied on an order of this Court passed in Crl.O.P.No.12847 of 2014. However, in the booklet, instead of bail order, the copy of relaxation order in such case has been furnished. This would deprive the detenu of making effective representation to the authorities against the order of detention. Thus, the detention order is vitiated and the same is liable to be quashed.

4. We have heard the learned counsel for both sides with regard to the facts.

5. A perusal of the booklet supplied to the detenu would show that instead of bail order in Crl.O.P.No.12847 of 2014, the relaxation order in such case has been furnished in Page No.265 of the booklet. This has resulted in the detenu being deprived of making an effective representation. Therefore, the detention order is vitiated and liable to be quashed on this ground alone. This order is made only towards setting aside the order of detention passed against the detenu herein. Any bail applications moved by the detenu in the ground case or in the adverse cases, necessarily would have to be considered by the Court concerned solely on merits uninfluenced by the order of this Court.

6. In the light of the above facts and law, we have no hesitation in quashing the order of detention on the above mentioned ground.

Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order passed against the detenu, Rajkumar @ Thoppai Raja, S/o.Mani, in Memo No.245/BCDFGISSSV/2015 dated 14.03.2015, is set aside. The detenu is directed to be released

forthwith unless his presence is required in connection with any other case.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gm To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Chennai City.

3.The Public Prosecutor, High Court, Madras.

4.The Superintendent of Central Prison Puzhal, Chennai.

(Induplicate for communication to detenue)

5. The Joint Secretary to Government Public (Law & order) Fort St. George, Chennai-9.

H.C.P.No.1223 of 2015 TS(CO) Eu 14.09.15