Panchavarnam v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2015 C O R A M THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Habeas Corpus Petition No.1617 of 2015 Panchavarnam W/o.Kumar ... Petitioner -vs1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2. The Commissioner of Police, Chennai Police, Office of the Commissioner of Police (Goondas Section), Egmore, Chennai - 600 020

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066 Writ petition under Article 226 of the Constitution of India filed praying for issuance of a writ of Habeas Corpus calling for the entire records connected with the detention order of the second respondent in No.451/BCDFGISSSV/2015 dated 13.06.2015 and quash the same and direct the respondents to produce the body and person of the petitioner's son, by name, Raji @ Sekar @ Rajasekar, son of Kumar, aged about 23 years, detained in Central Prison, Puzhal, Chennai, before this Court and set him at liberty forthwith. For Petitioner :

Mr.R.Raj Prabhu For Respondents:

Mr.M.Maharaja, Additional Public Prosecutor

O R D E R

(The order of the Court was made by C.T.SELVAM, J.) Petitioner is the mother of the detenu Raji @ Sekar @ Rajasekar, son of Kumar, who has been branded as "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under orders of second respondent passed in No.451/BCDFGISSSV/2015 dated 13.06.2015. Such order is under challenge herein.

2. The detenu came to adverse notice in the following cases:- S1.No.

Police Station and Crime No.

Sections of Law Kangeyam Police Station, Crime No.463 of 2013 457, 380 IPC Kangeyam Police Station, Crime No.481 of 2013 457, 380 IPC S-10 Pallikaranai Police Station, Crime No.255 of 2015 457, 380 IPC T-5 Thiruverkadu Police Station, Crime No.13 of 2015 454, 380 IPC T-5 Thiruverkadu Police Station, Crime No.147 of 2015 380 IPC T-5 Thiruverkadu Police Station, Crime No.166 of 2015 380, 511 IPC T-5 Thiruverkadu Police Station, Crime No.241 of 2015 379 IPC T-5 Thiruverkadu Police Station, Crime No.428 of 2015 394 IPC T-5 Thiruverkadu Police Station, Crime No.464 of 2015 379 IPC T-5 Thiruverkadu Police Station, Crime No.504 of 2015 457, 511 IPC The ground case has been registered against the detenu in Crime No.603 of 2015 on the file of T-5 Thiruverkadu Police Station for offences u/s.341, 294(b), 323, 427, 392, 397 and 506(ii) IPC.

3. Amidst several grounds raised, learned counsel for petitioner submits that towards informing the possibility of the detenu being released on bail, orders of bail passed by learned District Munsif cum Judicial Magistrate, Sriperumbudur, in Crl.M.P.No.4610 of 2011, on 10.12.2011, in connection with the case in Crime No.737 of 2011 on the file of T-14 Mangadu Police Station, for offences u/s.454, 380, 511 IPC @ 454, 380 IPC and by learned Principal Sessions Judge, Thiruvallur, in Crl.M.P. No.2392 of 2012, on 30.10.2012, in connection with the case in Crime No.1960 of 2012 on the file of T-1 Ambattur Police Station, for offences u/s.341, 294(b), 336, 427, 392, 397 and 506(ii) IPC have been referred to by the detaining authority. The

order copies therein have been furnished to the detenu, but the bail applications in such case have not been furnished and that the same adversely has affected the detenu's right of making an effective representation.

4. We have heard learned Additional Public Prosecutor on the above submissions.

5. Non furnishing of relevant documents would deprive the detenu the opportunity of making effective representation to the authorities concerned. The same amounts to infringement of right enshrined under Article 22(5) of the Constitution of India and would vitiate the order of detention. For the aforesaid reason, this Court would allow the present petition.

This Habeas Corpus Petition is allowed. The impugned order passed by second respondent against the detenu Raji @ Sekar @ Rajasekar, son of Kumar, made in No.451/BCDFGISSSV/2015 dated 13.06.2015, is quashed. The detenu is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case. Vga Sd/- Assistant Registrar (IV) /True Copy/ Sub-Assistant Registrar To

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

2. The Commissioner of Police, Chennai Police, Office of the Commissioner of Police (Goondas Section), Egmore, Chennai.

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066

4. The Public Prosecutor High Court, Chennai.

5. The Secretary to Government Public (Law and Order) Fort St.George, Chennai - 600 009 H.C.P.No.1617 of 2015 CTK(CO) sd : 19/10/2015