Gurubalan, M/A.25 Years v. The Secretary To The

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. 1464 of 2018 Gurubalan ..Petitioner Vs 1.The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai, Chennai.

...Respondents

PRAYER:Habeas Corpus Petition under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records in Connection with the order of Detention passed by the 2nd respondent dated 03.07.2018 in No.467/BCDFGISSSV/2018 against the brother of the petitioner, Detenue Manikandan, M/A/22, Son of Pugazhendran, who is confined at Central Prison, Puzhal and to set aside the same and consequently direct the respondents to produce the detenue before the Hon'ble Court and set him at his liberty.

For Petitioner : Mr.K.S. Kaviarasu 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 467/BCDFGISSSV/2018 dated 03.07.2018, whereby the detenu, by name, Manikandan, Son of Pugazhendran, aged about 22 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, Slumgrabbers 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 case:- S.No.

Police Station & Crime No.

Sections of Law 1.

P-6 Kodungaiyur Police Station Crime No.800/2018 174 Cr. P.C. @ 302 IPC The ground case has been registered against the detenu in Cr.Nos.800 and 848/2018 on the file of Inspector of Police, P-6 Kodungaiyur Police Station, for offence u/s 341, 294(b), 336, 397 and 506 (ii) IPC. The detention order has been passed by second respondent in 467/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 one adverse case has been registered against the detenu and a ground case was registered against him in Cr.Nos.800 and 848/2018 for offences 341, 294(b), 336, 397 and 506 (ii) IPC. Admittedly, the detenu has not moved any bail application in the ground case as also in the adverse 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 467/BCDFGISSSV/2018, dated 03.07.2018, passed by the second respondent is set aside. The detenu,

namely, Manikandan, son of Pugazhendran, aged about 22 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 vsi2 To 1.The Secretary to the Government, Home Prohibition & Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai, 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. 1464 of 2018 rrs 30/11/2018