Smt.Ponnammal, Aged 40 Years v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.1131 of 2018 Ponnammal W/o.Selvam ... Petitioner -vs1.The Secretary to Government of Tamilnadu, Home, Prohibition & Excise Department, Fort St.George, Chennai - 600009.

2.The District Collector and District Magistrate, Cuddalore District, Cuddalore.

3.The Inspector of Police, Pudupettai Police Station, Panruti, Cuddalore District.

... Respondents Writ petition under Article 226 of the Constitution of India filed praying for issuance of a Writ of Habeas Corpus calling for the records of the second respondent in No.C3/D.O./18/2018 dated 03.05.2018 along with subsequent or further orders thereof passed by any other authority including the first respondent and quash the same as illegal and consequently direct the respondents to produce the detenu Selvam S/o.Sambasaivam, aged 46 years, and now confined at Central Prison, Cuddalore, before this Court and set him at liberty.

For Petitioner :

Mr.T.Sundaranathan For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(Order of the Court was made by C.T.SELVAM, J) Petitioner is the wife of the detenu Selvam S/o.Sambasivam, who has been branded as a 'Goonda' under the Tamil Nadu Act 14 of 1982 and detained under order of the second respondent passed in C3/D.O/18/2018 dated 03.05.2018.

2. The alleged ground case has been registered against the detenu in Crime No.77 of 2018 on the file of Pudupettai Police Station, for offences under Sections 394 and 302 IPC. Aggrieved by the order of detention, the present writ petition has been filed.

3. Heard learned counsel for petitioner and learned Additional Public Prosecutor for respondents. Perused the materials on record.

4. The detaining authority while noticing that the detenu was remanded in the ground case and has not moved any bail application, he had informed that in a similar case bail has been granted by learned District Sessions Judge, Cuddalore, in Crl.M.P.No.273/2018 on 18.01.2018 and therefore, there was a real possibility of his coming out on bail and if he comes out on bail, he will indulge in further activities which will be prejudicial to the maintenance of public order. This Court, under orders in H.C.P.No.1520 of 2017 dated 04.12.2017, has held thus:

'5(ii). ... The Detaining Authority, according to us, had wrongly entertained an apprehension that the detenu would be released on bail, by adverting to the fact that in similar cases, bail was granted. According to us, this is not have been taken as the basis to come to such a conclusion. In granting bail the Court inter alia takes into account several aspects most of which are case specific. Those would include the gravity of the offence, the ability to suborn witnesses and the likelihood of the accused fleeing from justice. The "similarity case" yardstick applied by the Detaining Authority, based on the provisions of law under which an accused is booked, cannot be a satisfactory indicator for coming to the conclusion that the likelihood of the detenu being enlarged on bail was real and imminent.'

We are in agreement with the above finding. For the said reason, the order under challenge would have to fall.

The Habeas Corpus Petition is allowed and the impugned detention order passed by the second respondent, detaining the detenu Selvam S/o.Sambasivam in C3/D.O/18/2018 dated 03.05.2018 is quashed. The above named detenu is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar gm To 1.The Secretary to Government of Tamilnadu, Home, Prohibition & Excise Department, Fort St.George, Chennai - 600009.

2.The District Collector and District Magistrate, Cuddalore District, Cuddalore.

3.The Inspector of Police, Pudupettai Police Station, Panruti, Cuddalore District.

4.The Superintendent of Central Prison, Cuddalore.

5.The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.

6.The Public Prosecutor High Court, Chennai.

+1cc to Mr.T.Sundaranathan, Advocate Sr.70355 H.C.P.No.1131 of 2018 ks[co] srg 02/11/2018