Pavithra, F/A 23 Years, 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.1090 of 2018 Pavithra ... Petitioner -Vs1.State of Tamil Nadu represented by Secretary to Government (Home) Prohibition and Excise Department, Fort St George, Chennai 600 009.

2.The Commissioner of Police, Greater Chennai Police, Chennai.

... 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.186/2018 dated, 28/03/2018 passed by the 2nd respondent and to quash the same and also to direct the detenu Ajith M/A 24 years, S/O.Boopalan, 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.P.Sundarajan For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

[Order of the Court by C.T.SELVAM, J.] The petitioner, who is the sister of the detenu, namely, Ajith, son of Boopalan, age 24 years, challenges the impugned order of detention, dated 28.03.2018 in BCDFGISSSV No.186/2018 detaining her brother as "GOONDA", as contemplated under Section 2(f) 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.1759/2016 J-8 Neelankarai Police Station 379 IPC 2.

Cr.No.1816/2016 J-8 Neelankarai Police Station 341, 323, 294(b), 392 r/w 397 and 506(ii) IPC 3.

Cr.No.313/2017 J-8 Neelankarai Police Station 3(1) of TNPPDL Act 4.

Cr.No.359/2017 J-8 Neelankarai Police Station 341, 294(b), 307, 336, 427 and 506(ii) IPC The ground case has been registered against the detenu in Crime No.277/2018 on the file of Alagapuram Police Station for offences u/s 341, 294(b), 307, 336, 427, 506(ii) IPC. The detention order has been passed by Second respondent in BCDFGISSSV No.186/2018 on 28.03.2018.

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 4 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.277/2018 for the offences u/s.341, 294(b), 307, 336, 427, 506(ii) IPC. Admittedly, the detenu has moved bail application in the ground case and the same is pending before the learned Principal District and Sessions Judge, Chengalpattu in Crl.M.P.No.1029/2018.

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 BCDFGISSSV No.186/2018 dated 28.03.2018, passed by the second respondent is set aside. The detenu, namely, Ajith, son of Boopalan, aged about 24 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, Fort St George, Chennai 600 009.

2.The Commissioner of Police, Greater Chennai Police, Chennai.

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

4.The Superintendent, Central Prison, Puzhal, Chennai.

5.The Public Prosecutor High Court, Madras.

H.C.P.No.1090 of 2018 gmr[co] srg 02/11/2018