Anjalai, Aged 42 Years, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.11.2018

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.1581 of 2018 Anjalai

...Petitioner

-Vs1.The State of Tamilnadu, Rep. By its Secretary to Government, Prohibition and Excise Department, (Home) Secretariat, Chennai 700 009.

2.The Commissioner of Police, Greater Chennai City, 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 detenue's detention order passed by the 2nd respondent dated 12.07.2018 in BCDFGISSSV: 519/2018 and set aside the same and produce the detenue Thiru Muthuvel, male aged about 25, Son of Sankar, now detained in Central Prison-II, Puzhal, Chennai before this Hon'ble Court and set him at Liberty.

For Petitioner :

Mr.P.Sundararajan For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by C.T.SELVAM, J] Petitioner, who is the mother of detenu, namely, Thiru.Muthuvel, Son of Sankar, aged 25 years, challenges the impugned order of detention, dated 12.07.2018 in BCDFGISSSV: 519/2018 detaining her son 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, Slumgrabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982).

2. The detenu came to adverse notice in the following cases:- S.No.

Police Station & Crime No.

Section of Law J-11 Kannagi Nagar P.S.Cr.No.1505/2016 147,148,294(b), 324,307,302 IPC J-11 Kannagi Nagar P.S.Cr.No.1084/2017 341,294(b),336,392 r/w 397 and 506(ii) IPC J-11 Kannagi Nagar P.S.Cr.No.300/2018 341,294(b),324,506(ii) IPC The ground case has been registered against the detenu in Crime No.326/2018 on the file of the Inspector of Police, J-11 Kannagi Nagar Police Station for offences u/s 341, 294(b), 336, 392, 397 and 506(ii) IPC. The detention order has been passed by first respondent in Memo in BCDFGISSSV: 509/2018 dated 12.07.2018.

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 three adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.326/2018 for the offences 341, 294(b), 336, 392, 397 and 506(ii) IPC . Admittedly, the detenu has not moved any bail application in the ground case. 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.

In the result, the Habeas Corpus Petition is allowed and the order of detention in Memo in BCDFGISSSV: 519/2018 dated 12.07.2018, passed by second respondent is set aside. The detenu, namely, Thiru Muthuvel Son of Sankar aged about 25 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To:

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

2.The Commissioner of Police, Greater Chennai City, 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.1581 of 2018 srg 14/12/2018