Leelavathi v. The State Of Tamil Nadu Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.437 of 2024 Leelavathi ... Petitioner/mother of the detenu Vs.
1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Department of Prohibition and Excise (Home), Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.
4.The Inspector of Police, H8-Thiruvottiyur Police Station, Chennai.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records in No.57/BCDFGISSSV/2024 dated 24.01.2024 on the file of second respondent herein and set aside the same as illegal and produce the detenue Suresh Kumar, Son of Prabakaran, aged about 23 years, who is confined at Central prison, Puzhal, Chennai, before this Honourable Court and set him at liberty.
For Petitioner : Mr.Ilayaraja Kandasamy For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
AND SUNDER MOHAN , J.
The petitioner herein, who is the mother of the detenu viz., Sureshkumar, aged about 23 years, S/o.Prabakaran who is confined at Central Prison, Puzhal, Chennai, has come forward with this petition challenging the detention order passed by the second respondent dated 24.01.2024, slapped on her son, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber
Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].
2. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds are raised in this petition, the learned counsel for the petitioner focused mainly on the ground that the subjective satisfaction of the Detaining Authority that the relatives of one Jothi @ Jothibasu are taking steps to take out the detenu on bail, suffers from non-application of mind, as the statement under 161 Cr.P.C., said to have been made by the petitioner's mother before the Sponsoring Authority, is not dated. Hence, the learned counsel for the petitioner raised a bona fide doubt as to when this statement was obtained from the petitioner's mother. The learned counsel further pointed out that, unless the statement relied upon by the Sponsoring Authority is immediately before the Detention Order, it may not have relevance and hence, the subjective satisfaction of the Detaining Authority based on this undated
statement, would vitiate the Detention Order.
4. It is seen from records that the statement obtained by the Sponsoring Authority from the petitioner's mother, enclosed in the Booklet, stating that she is planning to file a bail application to bring out the detenu on bail, is not dated. On a perusal of the Grounds of Detention, it is seen that, in Para No.3, the Detaining Authority has observed that the Sponsoring Authority has stated that he came to understand that the relatives of one Jothi @ Jothibasu are taking steps to take out the detenu on bail by filing bail application before the appropriate Court and has arrived at the subjective satisfaction that the detenu is likely to be released on bail.
When the statement obtained by the Sponsoring Authority from the mother of the detenu stating that she is planning to file bail application to bring out the detenu on bail is not dated, the veracity of such statement becomes doubtful. The compelling necessity to detain the detenu would also depend on when the statement was obtained. In the absence of the date, the compelling necessity to detain, becomes suspect.
application of mind.
5. The Hon'ble Supreme Court, in the case of 'Rekha Vs. State of Tamil Nadu through Secretary to Government and another' reported in '2011 [5] SCC 244', has dealt with a situation where the Detention Order is passed without an application of mind. In case, any of the reasons stated in the order of detention is non-existent or a material information is wrongly assumed, that will vitiate the Detention Order. When the subjective satisfaction was irrational or there was non-application of mind, the Hon'ble Supreme Court held that the order of detention is liable to be quashed. It is relevant to extract paragraph Nos.10 and 11 of the said judgment of the Hon'ble Supreme Court:- "10.
normal practice of most courts that if a co-accused has been granted bail and his case is on the same footing as that of the petitioner, then the petitioner is ordinarily granted bail. However, the respondent authority should have given details about the alleged bail order in similar cases, which has not been done in the present case. A mere ipse dixit statement in the grounds of detention cannot sustain the detention order and has to be ignored.
11.In our opinion, the detention order in question only contains ipse dixit regarding the alleged imminent possibility of the accused coming out on bail and there was no reliable material to this effect. Hence, the detention order in question cannot be sustained."
6. In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.
7. Hence, for the aforesaid reasons, the detention order passed by the second respondent on 24.01.2024 in No.57/BCDFGISSSV/2024, is
hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Sureshkumar, aged about 23 years, S/o.Prabakaran, confined at Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless he is required in connection with any other case. [M.S.R., J] [S.M., J] 25.06.2024 Index: Yes/No Tsg To 1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Department of Prohibition and Excise (Home), Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai.
3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.
4.The Inspector of Police, H8-Thiruvottiyur Police Station,
Chennai.
5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and SUNDER MOHAN, J.
Tsg H.C.P.No.437 of 2024 25.06.2024