Mariammal, Aged 50 Years, v. The State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P. No. 1147 of 2018 Mariammal ... Petitioner -Vs1.The State of Tamil Nadu Rep. by its Secretary to Government, Prohibition and Excise Department (Home), Secretariat, Fort St.George, Chennai - 600 009. 2.The District Collector and District Magistrate, Cuddalore District, Cuddalore.
... 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 C3/D.O/20/2018 dated 09/05/2018 passed by the 2nd respondent and to quash the same and also to direct the detenu Senthilmurugan, S/o. Jayamoorthi, who is presently detained in the Central Prison, Cuddalore to be produced before this Hon'ble Court and set at liberty. For Petitioner : Mr.K.Gandhi Kumar 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, Senthilmurugan, Son of Jayamoorthi, age 24 years, challenges the impugned order of detention, dated 09.05.2018 in C3/D.O./20/2018 detaining her son 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.
Police Station & Crime No.
Section of Law 1.
Nellikuppam Police Station Crime No.690/2014 457, 380 IPC 2.
Thirupapuliyur Police Station Crime No.588/2016 41(1) and 102 Cr.P.C @ 379 IPC 3.
Panruti Police Station Crime No.349/2017 457 and 380 IPC 4.
Panruti Police Station Crime No.535/2017 379 IPC 5.
Panruti Police Station Crime No.698/2017 454 and 380 IPC The ground case has been registered against the detenu in Crime No.183/2018 on the file of the Inspector of Police, Nellikuppam Police Station for offences u/s 392 IPC @ 392 r/w 397 IPC. The detention order has been passed by Second respondent in C3/D.O./20/2018 on 09.05.2018.
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 5 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.183/2018 for the offences u/s 392 IPC @ 392 r/w 397 IPC. Admittedly, the detenue has moved bail application in the ground case and the same is pending before the Judicial Magistrate No.1, Cuddalore, in Crl.M.P.No.1227/2018. Therefore, the probability of release of the detenu 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 detenue 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 C3/D.O./20/2018, dated 09.05.2018, passed by the second respondent is set aside. The detenu, namely, Senthilmurugan, Son of Jayamoorthi, aged 24 years, is directed to be released forthwith unless his detention is required in connection with any other case.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kmi To:
1.The Secretary to Government, Prohibition and Excise Department (Home), Secretariat, Fort St.George, Chennai - 600 009. 2.The District Collector and District Magistrate, Cuddalore District, Cuddalore.
3.The Superintendent, Central Prison, Cuddalore.
4.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.
5.The Public Prosecutor High Court, Madras.
H.C.P.No.1147 of 2018 KMI CSL/04.12.2018