Sangeetha v. The State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2015
CORAM
THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P.No.1356 of 2015 I.Sangeetha W/o.Inba @ Balamuthu ... Petitioner Vs.
The State represented by its
1. The Secretary to Government (Home), Prohibition and Excise Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2. The District Magistrate and District Collector, Salem District, Salem.
... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records pertaining to the order of detention dated 07.05.2015 passed by the second respondent in C.M.P.No.20/Goonda/C2/2015 and quash the same and produce the detenu, Inba @ Balamuthu, aged about 26 years, S/o.Patthasu, before this Court and set him at liberty, the detenu now confined at Central Prison, Salem.
For Petitioner :
Mr.S.Manoharan 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 wife of the detenu, who has been branded as a "'Goonda" under the Tamil Nadu Act 14 of 1982 and detained under orders of second respondent passed in C.M.P.No.20/Goonda/C2/2015 dated 07.05.2015.
2. As per the grounds of detention dated 07.05.2015, passed by second respondent, the detenu came to adverse notice in the following case:
Sl No.
Name of the Police station and Crime No.
Section of law Dheevattippatty Police Station, Crime No.148 of 2015 395 r/w 397 IPC @ 395 r/w 397, 413 IPC The alleged ground case has been registered against the detenu on 16.03.2015 by the Yercaud Police Station, in Crime No.76 of 2015 for offences under Sections 392 IPC r/w 397, 506(ii) IPC. Aggrieved by the order of detention, the present writ petition has been filed.
3. Amidst several grounds raised, learned counsel for petitioner submits that though the detaining authority has considered the position that the bail application of the detenu in the ground case stood dismissed, he has gone on to inform that there was a likelihood of the detenu being released on bail since in a similar case, this Court granted bail in Crl.O.P.No.25955 of 2012 on 19.11.2012. However, it has not been shown that either the detenu/his relatives/friends were making arrangements to move a bail application on his behalf. It is, therefore, submitted that the detaining authority has arrived at subjective satisfaction without entering upon objective consideration.
4. We have heard learned Additional Public Prosecutor on the above submissions.
5. Finding that the subjective satisfaction arrived at by the detaining authority is erroneous and for the reasons put forth by learned counsel for the petitioner, this Court would allow the present petition.
Accordingly, the impugned detention order passed by second respondent, detaining the detenu, namely, Inba @ Balamuthu, aged
about 26 years, S/o.Patthasu, made in C.M.P.No.20/Goonda/C2/2015 dated 07.05.2015, is quashed and the Habeas Corpus Petition is allowed. The above named detenu is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gm To
1. The Secretary to Government (Home), Prohibition and Excise Department, Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2. The District Magistrate and District Collector, Salem District, Salem.
3. The Superintendent of Central Prison, Salem.
4. The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.
5. The Public Prosecutor, High Court, Madras.
H.C.P.No.1356 of 2015 PPA(CO) CA(30.09.2015)