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Madras High CourtHCP/1402/2017allowed

Lakshmi, 45 Yrs, v. The Secretary To Government,

2017-10-24Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P. No.1402 of 2017 Lakshmi ... Petitioner -vsState Rep by 1.The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St. George Chennai - 9.

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 in C.M.P.No.19/Goonda/Salem City/2017 dated 20.04.2017 on the file of the Commissioner of Police, Salem City, Salem and quash the same as illegal and direct the respondent to produce the detenu Mani @ Perukkan Mani @ Manikandan, S/oRamalingam, aged about 25 years now confined at Central Prison, Salem and set him at liberty.

For Petitioner :

Mr.S.Sengkodi For Respondents:

Mr. V.M.R.Rajentran Additional Public Prosecutor

O R D E R

[Order of the Court was made by N.SATHISH KUMAR, J.] The petitioner is the mother of the detenu, namely, Mani @ Perukkan Mani @ Manikandan, S/o.Ramalingam, Male, aged about 25 years. The detenu has been detained by the 2nd respondent by his order in C.M.P.No.19/Goonda/Salem City/2017 dated 20.04.2017, holding him to be a " Goonda", as contemplated under 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. 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.

3. The learned counsel for the petitioner would submit that the detenu has not moved any bail application as on the date of passing of the detention order. He would also contend that the detaining authority has placed reliance on the statement of the sponsoring authority to the effect that the relatives of the detenu are taking steps to take him out on bail by filing bail application in the ground case. When no bail application is filed, there is no real possibility of the detenu coming out on bail. No cogent materials are available before the Detaining Authority to conclude / to apprehend that the detenu is likely to get bail in the ground case and there is no imminent possibility of the detenu coming out on bail in the said case. Hence, it is stated that the Detaining Authority has passed the impugned order of detention in total non-application of mind and the subjective satisfaction arrived at by the Detaining Authority that there is real possibility of the detenu coming out on bail, is a mere ipse dixit without any cogent materials.

4. Despite opportunities, no counter affidavit has been filed by the respondents. However, the learned Additional Public Prosecutor would submit that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner.

5. On a perusal of the impugned order of detention, we find that the Detaining Authority has stated that there was a real possibility of the detenu coming out on bail. Admittedly, at the time of passing the order of detention, no bail application was pending in the ground case. Though the detaining authority has made reliance on similar case in which accused was granted bail, the facts involved in that case are different. 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 mechanically without application of mind. Therefore, on this ground, the detention order is liable to be set aside.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in C.M.P.No.19/Goonda/Salem City/2017 dated 20.04.2017, passed by the 2nd respondent is set aside. The detenu, namely, Mani @ Perukkan Mani @ Manikandan, S/o.Ramalingam, Male, aged about 25 years, is directed to be released forthwith unless his detention is required in connection with any other case. Given the nature of the case, this order will be communicated to the concerned Jail Superintendent by the Registrar General of this Court via Fax.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar

vsm To:

1.The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St. George Chennai - 9.

2.The Commissioner of Police Salem City Salem.

3.The Superintendent Central Prision Salem.

4. The Joint Secretary to Government Public (L&O), Fort St. Gorge, Chennai.9 5.The Additional Public Prosecutor, Madras High Court, Madras H.C.P.No.1402 of 2017 CS-IV EU(25/10/2017)