M.Vijaya, Aged 58 Years, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2018
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.1644 of 2018 M.Vijaya ... Petitioner -Vs1.The State of Tamil Nadu Rep. By the Secretary to the Government, Home, Prohibition & Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 600 007.
3.The Inspector of Police, Law and Order, M-7, Manali New Town Police Station.
4.The Superintendent of Central Prison, Puzhal, Chennai - 600 066.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for records relating to the detention order in Memo No.206/BCDFGISSSV/2018 dated 09.04.2018 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's son Babu @ Steel Babu, aged about 40 years the detenue, now confined in Central Prison, Puzhal, Chennai before this Hon'ble Court and set the petitioner's son Babu @ Steal Babu, aged about 40 years the detenue herein set him liberty.
For Petitioner :
Mr.V.Athikesavan For Respondents:
Mr.R.Prathap Kumar Additional Public Prosecutor
ORDER
[Order of the Court was made by C.T.SELVAM, J.] The petitioner, who is the mother of the detenue, namely, Babu @ Steel Babu, Son of Joseph, age 40 years, challenges the impugned order of detention, dated 09.04.2018 in No.206/BCDFGISSSV/2018 detaining his 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, 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.
M-7 Manali New Town Police Station Crime No.909/2017 379 IPC 2.
M-7 Manali New Town Police Station Crime No.929/2017 379 IPC 3.
M-5 Ennore Police Station Crime No.41/2018 379 IPC 4.
M-7 Manali New Town Police Station Crime No.16/2018 457 & 380 IPC 5.
M-7 Manali New Town Police Station Crime No.17/2018 457 & 380 IPC 6.
M-7 Manali New Town Police Station Crime No.112/2018 457 & 511 IPC @ 457 & 380 IPC The ground case has been registered against the detenu in Crime No.115/2018 on the file of the Inspector of Police, M-7 Manali New Town Police Station for offences u/s 341, 294(b), 336, 427, 392 and 506(ii) r/w 397 IPC. The detention order has been passed by first respondent in Memo No.206/BCDFGISSSV/2018 on 09.04.2018.
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 6 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.115/2018 for the offences 341, 294(b), 336, 427, 392 and 506(ii) r/w 397 IPC. Admittedly, the detenu has not moved any bail application in the 4,5 and 6 adverse cases Crime Nos.16/2018, 17/2018 and 112/2018 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 Memo No.206/BCDFGISSSV/2018 dated 09.04.2018, passed by the second respondent is set aside. The detenu, namely, Babu @ Steel Babu, Son of Munusamy, aged about 40 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kkn To:
1.The State of Tamil Nadu Rep. By the Secretary to the Government, Home, Prohibition & Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 600 007.
3.The Inspector of Police, Law and Order, M-7, Manali New Town Police Station.
4.The Superintendent, Central Prison, Puzhal, Chennai.
5.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.
6.The Public Prosecutor High Court, Madras.
+1cc to Mr.V.Athikesavan, Advocate Sr.79668 H.C.P.No.1644 of 2018 srg 14/12/2018