S.Vimal Kumari v. The State Of Tamil Nadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P. No.1372 of 2018 S.Vimal Kumari ... Petitioner -Vs1.The State of Tamil Nadu Rep. by its Secretary, Home Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009. 2.The District Collector and District Magistrate of Vellore District, Vellore-9.
3.The Inspector of Police, Tirupathur Town Police Station, Vellore 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 C3/D.O.NO.44/2018 dated, 29/06/2018 passed by the 2nd respondent and to quash the same and also to direct the detenu Sathishkumar @ Sathish, S/O.Selvaraj, who is presently detained in the Central Prison, Vellore to be produced before this Hon`ble court and set at liberty.
For Petitioner :
Mr.S.V.Karthikeyan For Respondents :
Mr.M.Mohamed Riyaz Additional Public Prosecutor ***
ORDER
[Order of the Court by C.T.SELVAM, J.] The petitioner, who is the daughter of the detenu, namely, Sathishkumar @ Sathish, Son of Selvaraj, age 41 years,
challenges the impugned order of detention, dated 29.06.2018 in C3/D.O.No.44/2018 detaining her father 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.
Tirupattur Police Station Crime No.269/2016 147, 148, 294(b), 506 (ii) IPC 2.
Tirupattur Police Station Crime No.50/2018 294(b), 324, 323 IPC The ground case has been registered against the detenu in Crime No.94/2018 on the file of the Inspector of Police, Tirupattur Town Police Station for offences u/s 147, 148, 294(b), 324, 302 IPC. The detention order has been passed by Second respondent in C3/D.O.No.44/2018 on 29.06.2018.
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 2 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.94/2018 for the offences u/s.147, 148, 294(b), 324, 302 IPC. Admittedly, the detenu has moved bail application in the ground case and the same is pending before the Sessions Court, Vellore, in Crl.M.P.No.2498/2018. 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.No.44/2018 dated 29.06.2018, passed by the second respondent is set aside. The detenu, namely, Sathishkumar @ Sathish, Son of Selvaraj, aged about 41 years, 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, Secretariat, Fort St George, Chennai 600 009. 2.The District Collector and District Magistrate of Vellore District, Vellore-9.
3.The Inspector of Police, Tirupathur Town Police Station, Vellore District.
4.The Superintendent, Central Prison, Vellore.
5.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.
6.The Public Prosecutor High Court, Madras.
+1cc to Mr.S.V.Karthikeyan, Advocate, S.R.No.74610 H.C.P.No.1372 of 2018 CS/03/12/2018