Syyed Banu, F/A.29 v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.1205 of 2018 Syyed Banu .. Petitioner Vs.

1.Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai-600 009. 2.The Commissioner of Police, Greater Chennai, Vepery.

3.The Superintendent, Central Prison, Trichy.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the records relating to the detention order in Memo No.334/BCDFGISSSV/2018 dated 18.05.2018 passed by the 2nd respondent under the Act 14 of 1982 and set aside the same and direct the respondent to produce the detenu Syed Ibrahim, Son of Mohamed Saleem, now confined in Central Prison, Trichy, before this Court and set at liberty.

For Petitioner :

Mr.S.Xavier Felix 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] Challenge is made to the order of detention passed by the second respondent vide Proceedings in No.334/BCDFGISSSV/2018 dated 18.05.2018, whereby the detenu, by name, Syed Ibrahim, son of Mohammed Saleem, aged about 33 years, was ordered to be detained under the provisions 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 of 1982) branding him as a "GOONDA".

2. The detenu has come to adverse notice in the following cases:- S.No Police Station & Sections of Law .

Crime No.

1.

M7 Manali New Town Police Station Crime No.117/2018 448, 342 & 384 IPC 2.

M2 Madhavaram Milk Colony Police Station, Crime No.105/2018 147, 148, 384 & 506(ii) IPC r/w 25(1) (a) of Arms Act 294(b), 387, 506(ii) & 507 IPC The ground case has been registered against the detenu in Cr.No.339/2018 on the file of Inspector of Police, H-1 Washermenpet Police Station, for offence u/s 147, 148, 341, 294(b), 323, 397, 336, 427 & 506(ii) IPC r/w 25(3)(i) Arms Act, 1959. The detention order has been passed by second respondent in No.334/BCDFGISSSV/2018.

3.

M-3 Puzhal Police Station Crime No.237/2018

3. We have heard learned counsel for petitioner and the learned Additional Public Prosecutor appearing for respondents. We have also perused the records produced by the Detaining Authority.

4. Though many grounds have been raised in the petition, the learned counsel appearing for the petitioner, confines his argument only in respect of non-application of mind on the part of the detaining authority in passing the order of detention.

5. Further, the Grounds of Detention would reveal that 3 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.339/2018 for offences u/s 147, 148, 341, 294(b), 323, 397, 336, 427 & 506 (ii) IPC r/w 25(3)(i) Arms Act, 1959. Admittedly, the detenu has not moved any bail application in the ground case as also in the adverse cases. 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 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 No.334/BCDFGISSSV/2018 dated

18.05.2018, passed by the second respondent is set aside. The detenu, namely, Syed Ibrahim, son of Mohammed Saleem, aged about 33 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar kmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St. George, Chennai-600 009. 2.The Commissioner of Police, Greater Chennai, Vepery.

3.The Superintendent, Central Prison, Trichy.

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

5.The Public Prosecutor High Court, Madras.

+ 1 cc to Mr. X. Xavier Felix, Advocate SR.73206 H.C.P.No.1205 of 2018 (CS-DR) EU(27/11/2018)