Thangam, Aged 45 Years, v. The State Rep. By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P. No.1070 of 2018 Thangam ... Petitioner -VsThe State represented by its 1.The Secretary to Government (Home) Prohibition and Excise Department, Government of Tamil Nadu, Fort St George, Chennai 600 009.
2.The Commissioner of Police, Salem City, Salem.
... 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 C.M.P.NO.24/VIDEO PIRATE/SALEM CITY/2018 dated, 22.05.2018 passed by the 2nd respondent and to quash the same and also to direct the detenu Yuvaraj, S/O.Pappannan, who is presently detained in the Central Prison, Salem to be produced before this Hon`ble court and set at liberty.
For Petitioner :
Mr.Dr.S.Manoharan For Respondents :
Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
[Order of the Court by C.T.SELVAM, J.] The petitioner, who is the mother of the detenu, namely, Yuvaraj, son of Pappannan, age 23 years, challenges the impugned order of detention, dated 22.05.2018 in C.M.P.No.24/Video Pirate/Salem City/2018 detaining her son as "Video Pirate", as contemplated under Section 2(j) of the Tamil Nadu Prevention of dangerous activities of Boot leggers, 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 case:- S.No.
Cr.No. & Police Station Offences 1.
Cr.No.113/2017 Video Piracy Cell, Salem Unit 51 r/w 65 Copy Right Act, 51(a) (i), 51(b)(i), 63(a), 52(A), 68-A r/w 65 of Copy Right Act, 1957 and 292(2) (a) IPC The ground case has been registered against the detenu in Crime No.198/2018 on the file of Video Piracy Cell, Salem Unit for offences u/s 51(a)(i), 63(a), 52(A), 68-A of Copy Right Act, 1957. The detention order has been passed by Second respondent in C.M.P.No.24/Video Pirate/Salem City/2018 on 22.05.2018. 2.
Cr.No.198/2018 Video Piracy Cell, Salem Unit
3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused 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. The Grounds of Detention would reveal that 2 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.198/2018 for the offences u/s.51(a)(i), 63(a), 52(A), 68-A of Copy Right Act, 1957. Admittedly, the detenu has moved bail application in the ground case and the same is pending before the learned Judicial Magistrate No.2, Salem in C.M.P.No.153/2018. 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 in C.M.P.No.24/Video Pirate/Salem City/2018 dated 22.05.2018, passed by the second respondent is set aside. The detenu, namely, Yuvaraj, son of Pappannan, aged about 23 years, 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, Government of Tamil Nadu, Fort St George, Chennai 600 009.
2.The Commissioner of Police, Salem City, Salem.
3.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.
4.The Superintendent, Central Prison, Salem.
5.The Public Prosecutor High Court, Madras.
H.C.P.No.1070 of 2018 RSK(CO) GSP(31/10/2018)