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Madras High CourtHCP/1604/2018allowed

Mrs.Josephine Reena, v. The Secretary To Government,

2018-10-29Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P. No.1604 of 2018 Josephine Reena ..Petitioner/wife of detenue -Vs1.The Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The Commissioner of Police, Greater Chennai, 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 in connection with the order of detention passed by the second respondent dated 21.07.2018 in Memo No.560/BCDFGISSSV/2018 against the petitioner's husband Thiru Jayaraj who is confined at Cental Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenue namely Thiru Jayaraj aged about 44 years before this HOn'ble Court and set the detenue at liberty . For Petitioner :

Mr.S.Vikramraj 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, Jayaraj, Son of Lazar (Late), aged 44 years, challenges the impugned order of detention, dated 21.07.2018 in No.560/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 ground case has been registered against the detenu in Crime No.453/2017 on the file of the Inspector of Police, Team IV, EDF-II, Central Crime Branch for offences u/s 406, 420 and 506 (i) IPC The detention order has been passed by Second respondent in No.560/BCDFGISSSV/2018 on 21.07.2018.

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 a ground case was registered against her in Cr.No.453/2017 for the offences u/s.406, 420 and 506 (i) IPC. Admittedly, the detenue has moved bail application in the ground case and the same is pending before the Metropolitan Magistrate Court, exclusively for trial of CCB cases (relating to cheating cases in Chennai) CBCID Metro cases, Periyamedu, in Crl.M.P.No.3429/2018. 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.560/BCDFGISSSV/2018 dated 21.07.2018, passed by the second respondent is set aside. The detenu, namely, Jayaraj, Son of Lazar (Late), aged about 44 years, is directed to be released forthwith unless her detention is required in connection with any other case. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi2

To:

1.The Secretary to Government, Home Prohibition and Excise Department, Secretariat, Chennai 600 009.

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

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.1604 of 2018 NMI(CO) EU(04/12/2018)