Tmt.R.Selvi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2017

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MR.JUSTICE R.SUBRAMANIAN H.C.P.No.2880/2015 G.Rani ... Petitioner Vs

1. The State rep. by the Commissioner of Police, Greater Chennai Police, Vepery, Chennai-600 007

2. The Secretary to Government Home, Prohibition and Excise Department Fort St.George Chennai 600 009.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents to produce the body of Saravanan @ Vellai Saravanan, aged 27 years, who is detained at Central Prison, Puzhal, Chennai before this Court and call for the records of detetion order passed by the 1st respondent vide Memo No.1211/BCDFGISSSV/2016 dated 16.12.2016, set aside the same and set the detenu Saravanan @ Vellai Saravanan at liberty.

For Petitioner :

Mr.K.Arunprasad For Respondents :

Mr.E.Raja, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH,J] This Habeas Corpus Petition is filed, by the mother of the detenu, namely, Saravanan @ Vellai Saravanan, aged 27 years, Son of Gunasekar, to issue a Writ of Habeas Corpus, to call for the records, in Memo No.1211/BCDFGISSSV/2016 dated 16.12.2016, passed by the 1st 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 for the State and we have also perused the records carefully.

3. Though, several grounds have been raised in this Habeas Corpus Petition, 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 the bail applications filed on behalf of the detenu in M.3 Puzhal P.S.Cr.No.1941/2016 before the Court of Principal District and Sessions Judge at Thrivuallur were dismissed. However, in the detention order, it had been stated that the relatives of the detenu are taking action to take him out on bail, in M.3 Puzhal P.S.Cr.No.1941/2016, by filing bail application before the appropriate Court. It had also been pointed out that no statements had been recorded from the relatives of the detenu with regard to the claim that they are taking steps to move bail application, on behalf of the detenu and no such statements had been furnished to the detenu.

4. The said submissions made by the learned counsel appearing on behalf of the petitioner, had not been refuted by the learned Additional Public Prosecutor.

5. 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 applications 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. 6.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 16.12.2016, passed by the 1st respondent is set aside. The detenu is directed to be released forthwith unless his presence is required in connection with any other case.

[M.MS.,J.] [R.S.M.,J.] 17.05.2017 tsi To

1. The State rep. by the Commissioner of Police, Greater Chennai Police, Vepery, Chennai-600 007

2. The Secretary to Government Home, Prohibition and Excise Department Fort St.George Chennai 600 009.

3.The Superintendent of Police, Central Prison, Puzhal, Chennai.

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

M.M.SUNDRESH, J.

and R.SUBRAMANIAN, J.

tsi H.C.P.No.16/2017 17.05.2017 http://www.judis.nic.in