R.Lakshmi, Aged 30 Years, v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.05.2017

CORAM

THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P No.199 of 2017 R.Lakshmi .. 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 Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ, order or Direction in the nature of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 22.11.2016 in Memo No.1169/BCDFGISSSV/2016 against the brother of the petitioner, detenu Jagadeesh @ Jagadeesh Kumar, aged about 36 years, S/o.Jaganathan, who is confined at Central Prison, Puzhal, Chennai, and to set aside the same and consequently direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner :

Mr.K.S.Kaviarasu For respondents:

Mr.V.M.R. Rajentren, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by M.V.MURALIDARAN,J.,) The petitioner, who is the sister of the detenu Jagadeesh @ Jagadeesh Kumar, has come up with this habeas corpus petition, challenging the detention order passed against her brother by the second respondent, vide proceedings BCDFGISSSV No.1169/2016 dated 22.11.2016.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State and we have also perused the records

carefully.

3. Though, several grounds were raised in the petition, the learned counsel appearing for the petitioner would mainly focus on the ground that though the bail application filed in Crime Nos.2744/2015, 1679/2016 and 1714/2016 was dismissed, the detaining authority has stated that the relatives of the detenu were taking steps to file another bail application, in which case there was real possibility of the detenu coming out on bail. The learned counsel pointed out that to arrive at such a conclusion, there was no material placed before the detaining authority at all.

4. The learned Additional Public prosecutor would submit that in the Special report submitted by the Inspector of Police, there is a statement to the effect that the relatives of the detenu were taking steps to file bail application seeking bail in connection with the case in Crime Nos.2744/2015, 1679/2016 and 1714/2016.

5. We have considered the above submissions. Admittedly, as on the date of passing of the detention order, there was no application filed by the detenu seeking bail in Crime Nos.2744/2015, 1679/2016 and 1714/2016 on the file of S-14, Peerkankaranai Police Station. Though it is alleged that his relatives were taking steps to file an application for bail, there were no materials available before the detaining authority, except the report of the Inspector of Police. Even the report of the Inspector of Police does not spell out as to how he came to know that the relatives were taking steps to file application seeking bail. Full details as to who are those relatives, who were taking steps to file bail application also have not been mentioned. Thus, in our considered view, without making proper application of mind relating to these facts, the detaining authority has passed the detention order. Therefore, we are inclined to set aside the same.

6.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 22.11.2016, passed by the second respondent is set aside. The detenu is directed to be released forthwith unless his presence is required in connection with any other case.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rg

To

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

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

3. The Superintedent, Central Prison Puzhal, Chennai

4. The Joint Secretary to Government Public(Law and order) Fort.St. George Chennai 9

5. The Public Prosecutor, High Court, Chennai. H.C.P.No.199 of 2017 SV(CO) sp/12/6