Manjula v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.2780 of 2015 Manjula ..Petitioner Vs.

1.

The Secretary to Govt., Home, Prohibition and Excise Department Secretariat, Chennai 600 009.

2.

The Commissioner of Police, Chennai Police, Vepery, Chennai .

..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 in connection with the order of detention passed by the 2nd respondent dated 14.08.2015 in Memo No. 749/2015 against the son of the petitioner Mani @ Maniya, M/A 27, Son of Ramachandran, who is confined at Central Prison, Puzhal, Chennai and to set aside the same and consequently, direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty.

For Petitioner ::

Mr.K.S. Kaviarasu For Respondents ::

Mr.A.N.Thambidurai, Addl. Public Prosecutor

ORDER

[Order of the Court was made by M. JAICHANDREN,J.] This Habeas Corpus Petition is filed, by the mother of the detenu, Mani @ Maniya, S/o. Ramachandran, to issue a Writ of Habeas Corpus, to call for the records, relating to the detention order in Memo No. 749/2015, dated 14.08.2015, passed by the 2nd Respondent, detaining the detenu, under Section 2(f) of the Tamil Nadu Act 14/1982, branding him as a "Goonda", in

the Central Prison, Puzhal, Chennai, and to set aside the same and to direct the respondents to produce the detenu before this Court 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 for the State and we have also perused the records carefully.

3. Though, several grounds have been raised in this Habeas Corpus Petition, Mr.A.K. Kaviarasu, the learned counsel appearing on behalf of the petitioner, had assailed the impugned detention order mainly on the ground that the detaining authority, in Paragraph No.4 of the order of detention, had stated that the relatives of the detenu are taking action to take him out on bail, in respect of first adverse case, in Crime No. 2253 of 2014, on the file of K.2 Ayanavaram Police Station by filing bail applications before the appropriate Court, when there is no material in support of the same.

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 14.08.2015, 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.

The Secretary to the Govt., Home, Prohibition and Excise Department Secretariat, Chennai 600 009.

2.

The Commissioner of Police, Chennai Police, Vepery, Chennai - 600 008.

3.

The Public Prosecutor, High Court, Madras.

4. The Superintendent Central Prison, Puzhal Chennai

5. The Joint Secretary to Government Public Law and Order Fort St.George Chennai-9 H.C.P. No. 2780 of 2015 aa26/04/2016