J.Manimegalai, 50 Years v. The State Of Tamil Nadu,

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.1261 of 2018 J.Manimegalai ... Petitioner -Vs1. The State of Tamil Nadu, Rep. by its Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.

The Commissioner of Police, Salem City, Salem District.

... 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 C.M.P.NO.28/GOONDA/SALEM CITY/2018 dated, 11/06/2018 passed by the 2nd respondent and to quash the same and also to direct the detenu Manikanda Prakash @ Manikandan, S/O.Jayaraman, who is presently detained in the Central Prison, Salem to be produced before this Hon`ble court and set at liberty.

For Petitioner :

Mr.R.Sankarasubbu For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

[Order of the Court made by C.T.SELVAM, J.] Petitioner, who is the mother of the detenu, viz., Manikanda Prakash @ Manikandan, Son of Jayaraman, aged 23 years, challenges the impugned order of detention, dated 11.06.2018 in C.M.P.No.28/Goonda/Salem City/2018 detaining her son as "GOONDA", as contemplated under Section 2(f) 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).

2. The detenu has come to adverse notice in the following case:- S.No.

Police Station & Crime Section of Law No.

1.

Kitchipalayam Police Station Crime No.181/2018 454 & 380 IPC 2.

Kondalampatty Police Station Crime No.145/2018 454 & 380 IPC 3.

Annadanapatty Police Station Crime No.184/2018 454 & 380 IPC 4.

Panamarathupatty Police Station Crime No.21/2018 379 IPC 5.

Chinna Salem Police Station Crime No.184/2018 380 IPC The ground case has been registered against the detenu in Cr.No.275/2018 on the file of Kitchipalayam Police Station, for offences u/s 341, 392, 397 & 506(ii) IPC. The detention order has been passed by second respondent in C.M.P.No.28/Goonda/Salem City/2018.

3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have perused the counter affidavit as also 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. A perusal of the Grounds of Detention would reveal that 5 adverse cases have been registered against the detenu and a ground case came to be registered against him in Cr.No.275/2018 for the offences u/s. 341, 392, 397 & 506(ii) IPC. Admittedly, the bail application filed by the detenu in the ground case before the learned Principal Sessions Judge, Salem, in C.M.P.No.1741/2018 and the same was dismissed on 06.06.2018. 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 passed by the 2nd respondent is set aside. The detenu is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar kmi To:

1. The Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2. The Commissioner of Police, Salem City, Salem District.

3. The Superintendent, Central Prison, Salem.

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

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sankarasubbu, Advocate Sr.72894 H.C.P.No.1261 of 2018 srg 28/11/2018