Menaka, Age 47 Years v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MRS.JUSTICE S. RAMATHILAGAM H.C.P.No. 1460 of 2018 Menaka .. Petitioner Vs.

1.The State Represented by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to call for the entire records connected with the Detention Order passed by the 2nd Respondent in No. 455/BCDFGISSSV/2018 dated 29.06.2018 and quash the same and direct the respondents to produce the detenu namely Jayakumar @ Rekka Jai, Son of Babu, aged about 22 years detained in Central Prison, Puzhal before this Hon`ble court and set at liberty.

For Petitioner : Mr.A. Nirmal Kumar For Respondents : Mr.R.Prathap Kumar 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. 455/BCDFGISSSV/2018 dated 29.06.2018, whereby the detenu, by name, Jayakumar @ Rekka Jai, son of Babu, aged about 22 years, was ordered to be detained under the provisions 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 of 1982) branding him as a "GOONDA".

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

Police Station & Crime No.

Sections of Law 1.

M1 Madhavaram Police Station Cr.No.1725/2017 257 & 380 IPC 2.

M1 Madhavaram Police Station Cr.No.1835/2017 379 IPC 3.

H4 Korukkupet Police Station Cr.No.156/2018 457 & 380 IPC 4.

H1 Washermenpet Police Station Cr.No.508/2018 454 & 380 IPC The ground case has been registered against the detenu in Cr.No.576/2018 on the file of Inspector of Police, H1 Washermenpet Police Station for offence u/s 341, 294(b), 323, 427, 336, 392, 397 & 506(ii) IPC. The detention order has been passed by second respondent in No. 455/BCDFGISSSV/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 a ground case was registered against the detenu in Cr.No.576/2018 for offences u/s 341, 294(b), 323, 427, 336, 392, 397 & 506(ii) IPC. Admittedly, the detenu has not moved any bail application in the ground case. 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. 455/BCDFGISSSV/2018 dated 29.06.2018, passed by the second respondent is set aside. The detenu, namely, Jayakumar @ Rekka Jai, son of Babu, aged about 22 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ak To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

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

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

5.The Public Prosecutor High Court, Madras.

H.C.P.No.1460 of 2018 SS(CO) CSL/19.12.2018