N.Rajesh v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.2665/2015 N.Rajesh .. Petitioner Vs 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009 2.The Commissioner of Police, Office of the Commissioner of Police (Goondas Section), Greater Chennai, Vepery, Chennai-600 007 .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS calling upon the production of entire records relating to the detention order dated 07.08.2015 made in Detention Order Memo No.691/BCDFGISSSV/2015 passed by the 2nd respondent herein, quash the same and consequently direct the respondents to produce the body or person of the detenue, the petitioner's brother Kumar, Son of Nagaraj, aged about 24 years branded as Goonda and now confined in Central Prison, Puzhal, Chennai before this Court and set him at liberty forthwith.

For Petitioner :

Mr.J.Prakash 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 brother of the detenu, namely, Kumar, son of Nagaraj, aged 24 years, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in Memo No.691/BCDFGISSSV/2015, dated 07.08.2015, passed by the 2nd Respondent, detaining the

detenu, 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, 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.J.Prakash, 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 K.1 Sembium Police Station Crime No.784 of 2015. However, it had been stated that the relatives of the detenu are taking action to take him out on bail, in K.1 Sembium Police Station Crime No.784 of 2015, by filing bail application 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 application, on behalf of the detenu, to take him out on bail, in the above said case. 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 07.08.2015, 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/- Assistant Registrar(AS) //True Copy// Sub Assistant Registrar tsi

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

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

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

5. The District Collector, Chennai.

6.The Additional Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.J. Prakash, Advocate Sr.21707 H.C.P.No.2665/2015 LRS(CO) EU 27.04.16