Mrs.Syed Ali Fathima, v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2018
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.1680 of 2018 Syed Ali Fathima W/o.Thamim Ansari ... Petitioner/Wife of Detenue -Vs1.
The Commissioner of Police, Greater Chennai, The Office of the Commissioner of Police, Greater Chennai, Egmore, Chennai-600 008.
2. The Government of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
... 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 order of detention BCDFGISSSV NO.437/2018 dated, 25.06.2018 passed by the 1st respondent and to quash the same and also to direct the detenu Thamim Ansari, S/O. Kamar Jamal, who is presently detained in the Central Prison, Puzhal, Chennai to be produced before this Hon`ble court and set at liberty.
For Petitioner :
Mr.J.N.Naresh Kumar 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 wife of the detenu, namely, Thamim Ansari, Son of Kamar Jamal, age 37 years, challenges the impugned order of detention, dated 25.06.2018 in No.437/BCDFGISSSV/2018 detaining her husband as "GOONDA", as contemplated under Section 2(f) of the Tamil Nadu Prevention of dangerous activities of Bootleggers, 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.
S-1 St.Thomas Mount Police station Crime No.101/2018 379 IPC 2.
J-3 Guindy Police Station Crime No.393/2018 379 IPC 3.
J-7 Velachery Police Station Crime No.621/2018 379 IPC The ground case has been registered against the detenu in Crime No.394/2018 on the file of the Inspector of Police, J3 Guindy Police Station for offences u/s 341, 294(b), 427, 392, 397 & 506(ii) IPC. The detention order has been passed by first respondent in No.437/BCDFGISSSV/2018 on 25.06.2018.
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 non-application 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.394/2018 for the offences u/s.341, 294(b), 427, 392, 397 & 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.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in No.437/BCDFGISSSV/2018 dated 25.06.2018, passed by the first respondent is set aside. The detenu, namely, Thamim Ansari, Son of Kamar Jamal, aged about 37 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kmi To:
1. The Commissioner of Police, Greater Chennai, The Office of the Commissioner of Police, Greater Chennai, Egmore, Chennai-600 008.
2. The Government of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
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.1680 of 2018 ASK(03/01/2019)