Kanimozhi, F/A.35 Years v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P. No.1536 of 2018 Kanimozhi ... Petitioner -Vs1.The Secretary to Government, Government of Tamil nadu, Home Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009. 2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records relating to the order of detention NO.483/BCDFGISSSV/2018 dated, 06/07/2018 passed by the 2nd respondent and to quash the same and also to direct the detenu Balaji, S/O.Janakiraman, who is presently detained in the Central Prison, Puzhal, Chennai to be produced before this Hon`ble court and set at liberty.

For Petitioner :

Mr.K.Balu For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor ***

ORDER

[Order of the Court by C.T.SELVAM, J.] The petitioner, who is the wife of the detenu, namely, Balaji, Son of Janakiraman, age 36 years, challenges the impugned order of detention, dated 06.07.2018 in No.483/BCDFGISSSV/2018 detaining her husband as "GOONDA", as contemplated under Section 2(f) of the Tamil Nadu Prevention of dangerous activities of Boot leggers, 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.

Central Crime Branch Crime No.268/2018 12(1)(b), 12(2) Passport Act, 1967 r/w 420, 468, 471 IPC The ground case has been registered against the detenu in Crime No.269/2018 on the file of the Inspector of Police, Team 30, Cyber Crime Cell, Central Crime Branch, Greater Chennai for offences u/s 12(1)(B), 12(2) of Passport Act 1967 r/w 420, 468 and 471 IPC. The detention order has been passed by Second respondent in No.483/BCDFGISSSV/2018 on06.07.2018.

3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused 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 non-application of mind on the part of the detaining authority in passing the order of detention.

5. The Grounds of Detention would reveal that a ground case was registered against him in Cr.No.269/2018 for the offences u/s.12(1)(b), 12(2) of Passport Act 1967 r/w 420, 468 and 471 IPC. Admittedly, the detenue has moved bail application in the ground case and the same is pending before the Special Metropolitan Magistrate Court for CCB and CB CID (Metro) Cases, Chennai, in Crl.M.P.No.10891/2017. 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 in No.483/BCDFGISSSV/2018 dated 06.07.2018, passed by the second respondent is set aside. The detenu, namely, Balaji, Son of Janakiraman, aged about

36 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS ix) //True Copy// Sub Assistant Registrar kmi To:

1. The Secretary to Government, Government of Tamil Nadu, Home Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009. 2.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

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.1536 of 2018 ASK(14/11/2018)