Poonkodi, F/A.45 v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P. No.1066 of 2018 Poonkodi ... Petitioner -Vs1. State of Tamil Nadu, Rep. by its Secretary to Government, Home Prohibition and Excise Department, Chennai-600 009.

The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records relating to the order of detention BCDFGISSSV.NO.242/2018 dated, 21/04/2018 passed by the 2nd respondent and to quash the same and also to direct the detenu Dhanraj, S/O.Mahendran, who is presently detained in the Central Prison, Puzhal, Chennai to be produced before this Hon`ble court and set at liberty. For Petitioner :

Mr.Mohammed Aasif For Respondents :

Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

[Order of the Court made by C.T.SELVAM, J.] Petitioner is the mother of the detenu, viz., Dhanraj, Son of Mahendran, aged 23 years, challenges the impugned order of detention, dated 21.04.2018 in BCDFGISSSV No.242/2018 detaining her as "GOONDA", as contemplated under Section 2(f) 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).

2. The detenu has come to adverse notice in the following cases:- S.No Cr.No. & Police Station Offences 1.

Cr.No.706/2016 S-5 Pallavaram Police Station 341, 294(b), 324 IPC Cr.No.2433/2017 S-6 Sankar Nagar Station 147, 148, 341, 294 (b), 323, 324, 307, 506(ii) IPC 3.

Cr.No.254/2018 S-6 Sankar Nagar Station 341, 294(b), 384, 506 (ii) IPC The ground case has been registered against the detenu in Cr.No.212/2018 on the file of Inspector of Police, S-5 Pallvaram Police Station, for offences u/s 341, 294(b), 336 and 307 IPC. The detention order has been passed by first respondent in No.BCDFGISSSV No.242/2018.

3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have perused the counter affidavit as also the records produced by the Detaining Authority.

4. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner, confines his argument only in respect of nonapplication of mind on the part of the detaining authority in passing the order of detention.

5. A perusal of the Grounds of Detention would reveal that three adverse cases have been registered and a ground case came to be registered against the detenu in Cr.No.212/2018 for the offences u/s. 341, 294(b), 336 and 307 IPC. Admittedly, the bail application filed by the detenu in the ground case before the learned Principal District and Sessions Judge, Chengalpattu, in Crl.MP.1481/2018 and the same was dismissed. Therefore, the probability of release of the petitioner imminently does not arise. Hence, we are inclined to set aside the detention order. Though the detaining authority has made reliance on similar case, in which an accused was granted bail, the facts involved in those cases are different. The principle of similarity cannot be applied mechanically. Normally, bails are granted based on the facts and circumstances of each case. Therefore, similar case plea, cannot be taken into consideration. Hence, there is no material to substantiate that there is real possibility of the detenu coming out on bail and the said order was passed without application of mind.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention passed by the 2nd respondent is set aside. The detenu is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kmi To:

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

The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

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

4.The Joint Secretary, Public (Law and order) Department, Secretariat, Chennai - 600 009.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.1066 of 2018 GMR(CO) GSP(01/11/2018)