Pushpa, v. The Secretary To The

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.1678 of 2018 Pushpa ... Petitioner -Vs1.The State of Tamil Nadu Rep. By 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.

...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 detention order vide memo NO.397/BCDFGISSSV/2018 dated 18.06.2018 passed by the second respondent and set aside the same and direct the respondent to produce the body of the detenue Chella @ Selvakumar S/o. Kuppusamy, aged about 27 years now confined in Central Prison, Puzhal, Chennai. For Petitioner :

Mr.P.Rajkumar Pandian 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, Chella @ Selvakumar, Son of Kuppusamy, age 27 years, challenges the impugned order of detention, dated 18.06.2018 in No.297/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 cases:- S.No.

Police Station & Crime No.

Section of Law 1.

Red Hills Police Station Crime No.1566/2017 120(b), 341, 324 and 307 IPC 2.

E-5 Cholavaram Police Station Crime No.274/2018 379 IPC 3.

M.K.B.

Nagar Police Station Crime No.623/2018 341, 294(b), 324 and 506(ii) IPC The ground case has been registered against the detenu in Crime No.257/2018 on the file of the Inspector of Police, Law and Order, K-2 Ayanavaram Police Station for offences u/s 341, 294 (b), 307 and 506(ii) IPC. The detention order has been passed by second respondent in Memo No.397/BCDFGISSSV/2018 on 18.06.2018.

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 3 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.257/2018 for the offences 341, 294(b), 307 and 506(ii) IPC. Admittedly, the detenu has not moved any bail application in the above three adverse cases Crime Nos.1566/2018, 274/2018 and 623/2018. 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 Memo No.397/BCDFGISSSV/2018 dated 18.06.2018, passed by the second respondent is set aside. The detenu, namely, Chella @ Selvakumar, Son of Kuppusamy, aged about 27 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kkn 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.

+1cc to Mr.P.Rajkumar Pandian, Advocate sr.no.78549 H.C.P.No.1678 of 2018 nr 17/12/2018