Kumar @ Ventha Kumar v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.2543/2015 Kumar @ Ventha Kumar ..... Petitioner Vs 1.The Government of Tamil Nadu, rep.by Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009 2.The Commissioner of Police, Vepery, Chennai-600 007 .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the records of the second respondent vide Memo No.796/BCDFGISSSV/2015 dated 26.08.2015, and quash the same and consequently produce the body of the petitioner Kumar @ Ventha Kumar, aged about 31 years, S/o.Gangadharan, now detained at Central Prison, Puzhal Chennai, before this Court and to set him at liberty.

For Petitioner :

Mr.N.A.Nissar Ahmed For Respondents :

Mr.A.N.Thambidurai, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition is filed, by the detenu, namely, Kumar @ Ventha Kumar, aged 31 years, Son of Gangadharan, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in No.796/BCDFGISSSV/2015, dated 26.08.2015, passed by the 2nd Respondent, detaining him, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas,

Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982), the Tamil Nadu Act 14 of 1982, branding him as a "Goonda", in the Central Prison, Puzhal II, Chennai, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.

2. We have heard the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State and we have also perused the records carefully.

3. Though, several grounds have been raised in this Habeas Corpus Petition, Mr.Nirmal Kumar, the learned counsel appearing on behalf of the petitioner, had assailed the impugned detention order mainly on the ground that the detaining authority had stated, in Paragraph No.4 of the order of detention, that no bail application had been moved on behalf of the detenu, in M-5, Ennore Police Station Crime Nos.781 and 935 of 2015. However, it had been stated that the relatives of the detenu are taking action to take him out on bail, in M-5, Ennore Police Station Crime Nos.781 and 935 of 2015, by filing bail applications before the appropriate Court.

4. It is noted from the records available that, no statements had been recorded, from the relatives concerned, to substantiate the claim that they are taking steps to move bail applications, on behalf of the detenu, to take him out on bail, in the above said cases. In such circumstances, we find that there is non-application of mind on the part of the detaining authority, in passing the detention order. Therefore, we are inclined to set aside the detention order.

5.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 26.08.2015, passed by the second respondent is set aside. The detenu is directed to be released, forthwith, unless his presence is required in connection with any other case.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar msk

To 1.The Secretary to Government of Tamil Nadu Home, Prohibition and Excise Department Fort St.George Chennai 600 009.

2.The Commissioner of Police, Chennai 3.The Superintendent Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

5. The Joint Secretary to Government Public (Law and order) Fort St. George, Chennai-9 H.C.P.No.2543/2015 KGK (CO) kk 7/4