Vatchala, Aged 45 Yrs v. State Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P. No.1543 of 2017 Vatchala ... Petitioner -Vs1. The State of Tamil Nadu Represented by its Secretary Prohibition and Excise Department (Home) Fort St.George, Chennai - 600 009

2. The Commissioner of Police The Commissioner Office Vepery, Chennai -600 007 ... 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 detention order in Memo No.103/BCDFGISSSV/2017, dated 01.4.2017 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's son SUDHAKAR S/O. Sekar, aged about 25 years the detenu, now confined in Central Priosn, Puzhal , Chennai before this Court and set the petitioner's son SUDHAKAR, S/O. Sekar, aged about 25 years, the detenue herein at liberty. For Petitioner :

Mr.D.Gopi Krishna 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, Sudhakar, S/o. Sekar, Male, aged about 25 years. The detenu has been detained by the 2nd respondent by his order in BCDFGISSSV No.103 of 2017 dated 01.4.2017, 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 all the cases have been registered by the very same police station, though complainants were different. Thus, they have foisted the cases against the petitioner. He would further submit that the Detaining Authority has not satisfied itself as to the real possibility of the detenu coming out on bail.

4. Per contra, the learned Additional Public Prosecutor while reiterating the averments in the counter affidavit 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 Detention Order, no bail application was pending in the adverse cases and the ground case. Though the detaining authority has made reliance on similar cases in which accused were granted bail, the facts involved in those cases 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 BCDFGISSSV NO.103 OF 2017, dated 01.04.2017, passed by the 2nd respondent is set aside. The detenu, namely, Sudhakar, son of Sekar, 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 VIII) //True Copy// Sub Assistant Registrar ga

To:

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

2. The Commissioner of Police The Commissioner Office, Vepery, Chennai.

3. The Superintendent, Central Prison, Puzhal, Chennai.

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

5. The Public Prosecutor, Madras High Court, Madras.

H.C.P.No.1543 of 2017 BR(CO) CA(12/10/2017)