Essthar, Aged 21 Years, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2018

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.1562 of 2018 Essthar ... Petitioner -Vs1.Rep. By its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009. 2.The Commissioner of Police, Greater Chennai, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records in BCDFGISSSV No.526/2018 dated 13.07.2018 on the file of second respondent herein and set aside the same as illegal and produce the detenue Saravanan @ Saran, son of Palani, aged about 24 years, now confined at Central Prison, Puzhal, Chennai, before this Hon'ble Court and set him at liberty.

For Petitioner :

Mr.Ilayaraja Kandasamy For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by C.T.SELVAM, J.] The petitioner is the wife of the detenu, namely, Saravanan @ Saran, Son of Palani, age 24 years, challenges the impugned order of detention, dated 13.07.2018 in No.526/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 cases:- S.No.

Police Station & Crime No.

Section of Law 1.

P-5 M.K.B. Nagar Police Station Crime No.647/2018 448 & 394 IPC 2.

P-5 M.K.B.Nagar Police Station Crime No.710/2018 392 IPc The ground case have been registered against the detenu in Crime No.711/2018 on the file of the Inspector of Police, P-5 M.K.B. Nagar Police Station for offences u/s 341, 294(b), 336, 392 r/w 397 and 506(ii) IPC. The detention order has been passed by second respondent in No.526/BCDFGISSSV/2018 on 13.07.2018.

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 nonapplication of mind on the part of the detaining authority in passing the order of detention.

5. The Grounds of Detention would reveal that 2 adverse case have been registered against the detenu and a ground case was registered against him in Cr.No.711/2018 for the offences u/s.341, 294(b), 336, 392 r/w 397 and 506(ii) IPC. Admittedly, the detenu has moved bail application in the 2 adverse case i.e.Crime No.647/2018 and Crime No.710/2018 and the same are pending before the V Metropolitan Magistrate Court, Egmore, Chennai-3 in Crl.M.P.Nos.3174/2018 and 3169/2018 respectively. 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.526/BCDFGISSSV/2018 dated

13.07.2018, passed by the second respondent is set aside. The detenu, namely, Saravanan @ Saran, Son of Palani, aged about 24 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kkn To:

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

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

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.1562 of 2018 rgn(co) nr 12/12/2018