Anjali Devi, v. State Of Tamilnadu Rep. By

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.211 of 2017 Anjali Devi W/o Iraniyan.

... Petitioner

Versus

1.State of Tamil Nadu rep.by its Principal Secretary, Department of Home, Prohibition and Excise, Secretariat, Chennai 600 009.

2.The Commissioner of Police, Greater Chennai, Veppery, Chennai 600 007.

3.The State rep.by The Inspector of Police, S-8, Adampakkam Police Station, Chennai.

... Respondents Prayer:

Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the records in Memo No.05/BCDFGISSSU/2017, dated 09.01.2017 on the file of the 2nd respondent and quash the detention order as illegal and direct the respondents to produce the detenu Kutty @ Kuralarasan, Son of Iraniyan, aged about 28 years detenu now confined at Central Prison, Puzhal, Chennai and set him at liberty.

For Petitioner :

Mr.G.Pavendhan For respondents :

Mr.V.M.R.Rajentren Additional Public Prosecutor

ORDER

(Order of the Court was made by M.V. MURALDARAN,J.,) The petitioner, who is the mother of the detenu Kutty @ Kuralarasan, S/o Iraniyan, has come up with this habeas corpus petition, challenging the detention order passed against by the second respondent, vide proceedings Memo No.05/BCDFGISSSV/2017, dated 09.01.2017.

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 there was no bail application pending in Crime No.1210/2016, the detaining authority has stated that the relatives of the detenu were taking steps to file 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 No.1210/2016.

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 No.1210/2016 on the file of F-5, Choolaimedu 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 09.01.2017, 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 VI) //True Copy// Sub Assistant Registrar ari

To 1.The Principal Secretary, State of Tamil Nadu Department of Home, Prohibition and Excise, Secretariat, Chennai 600 009.

2.The Commissioner of Police, Greater Chennai, Veppery, Chennai 600 007.

3.The Inspector of Police, S-8, Adampakkam Police Station, Chennai.

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

5.The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.

6.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.G.Pavendhan, Advocate, S.R.No.37387 H.C.P.No.211 of 2017 SCD(CO) CA(23/06/2017)