Jothi, Aged 43 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. 1487 of 2018 Jothi

...Petitioner

Vs 1.The Secretary to the Government.

Home Prohibition and Excise Dept., Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai.

...Respondents

PRAYER:Habeas Corpus Petition under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, or any other Writ or Order in the nature of Writ call for the records in connection with the order of Detention passed by the second respondent dated 22.06.2018 in Memo No.452/BCDFGISSSV/2018 against the petitioner son Sarathkumar @ Sarath, Male aged 28 years S/o.Murali, who is confined at Central Prison, Puzhal II, Chennai and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at Liberty.

For Petitioner :Mr.S.Senthilvel For Respondents:Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

[Order of the Court made by C.T.SELVAM, J.] Petitioner, who is the mother of the detenu, viz., Sarathkumar @ Sarath Son of Murali, aged 28 years, challenges the impugned order of detention, dated 29.06.2018 in No.452/BCDFGISSSV/2018 detaining her son as "GOONDA", 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 14/1982).

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

Police Station & Crime No.

Section of Law 1.

P-3 Vyasarpadi Police Station Crime No.468/2018 147, 148, 341, 294(b), 307, 506 (ii) IPC The ground case has been registered against the detenu in Cr.No.471/2018 on the file of P-3 Vyasarpadi Police Station, for offences u/s 147, 148, 294(b), 341, 336, 397 and 506 (ii) IPC. The detention order has been passed by second respondent in No.452/BCDFGISSSV/2018.

3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have perused the counter affidavit as also 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. A perusal of the Grounds of Detention would reveal that an adverse case has been registered against the detenu and a ground case came to be registered against him in Cr.No.471/2018 for the offences u/s. 147, 148, 294(b), 341, 336, 397 and 506 (ii) IPC . Admittedly, the bail application filed by the detenu in the ground case before the learned Principal Sessions Judge, Chennai, in Crl.M.P.No.9314/2018 and the same was dismissed on 25.06.2018. 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 passed by the 2nd respondent is set aside. The detenu is directed to be released forthwith unless his detention is required in connection with any other case. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar vsi2 To 1.The Secretary to the Government.

Home Prohibition and Excise Dept., Secretariat, Chennai - 600 009.

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

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

(in duplicate for communicate to detenu) 4.

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

5.

The Public Prosecutor, High Court, Madras.

H.C.P. No. 1487 of 2018 SV(CO) SP(24/12/2018)