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Madras High CourtHCP/273/2017allowed

Chandra, M/A-43 Years v. The State Of Tamil Nadu Rep.By

2017-05-12Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Baskaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.05.2017

CORAM

THE HONOURABLE MR. JUSTICE M.V. MURALIDARAN and THE HONOURABLE MR.JUSTICE S. BASKARAN H.C.P No.273 of 2017 Chandra ...Petitioner Vs

1. State of Tamil nadu rep by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009

2. The District Collector and Districit Maghistrate of Vellore District, Vellore - 8 ....Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus or any other appropriate Writ, Order or Direction more specificallyl in the nature of a Writ of Habeas Corpus to call for the entire records leading to the detention of the petitioner's son Pachai @ Ramamoorthi. S/o Srinivasan, male, aged about 26 years is presently lodged in Central Prison, Vellore at Vellore and has been detained under Act 14/82 as a "Goonda" vide detention order dated 14.08.2016 on the file of the 2nd respondent herein made in C3.D.O.No.48 of 2016 and quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and threafter set him at libety from the Central Prison, Vellore at Vellore.

For Petitioner :

Mr.M. Rajavelu For respondents:

Mr.V.M.R. Rajentren Addl. Public Prosecutor

ORDER

(Order of the Court was made by M.V. MURALDARAN,J.,) The petitioner, who is the mother of the detenu Pachai @ Ramamoorthi, has come up with this habeas corpus petition, challenging the detention order passed against Pachai @ Ramamoorthi by the second respondent, vide proceedings No. C3.D.O.No.48 of 2016 dated 14.08.2016.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.

3. Though, several grounds were raised in the petition, the learned counsel appearing for the petitioner would mainly focus on the ground that though there was no bail application pending in Crime No.492/2016 the detaining authority has stated that the relatives of the detenu were taking steps to file bail application, in which case there was real possibility of the detenu coming out on bail. The learned counsel pointed out that to arrive at such a conclusion, there was no material placed before the detaining authority at all.

4. The learned Additional Public prosecutor would submit that in the Special report submitted by the Inspector of Police, there is a statement to the effect that the relatives of the detenu were taking steps to file bail application seeking bail in connection with the case in Crime No492/2016.

5. We have considered the above submissions. Admittedly, as on the date of passing of the detention order, there was no application filed by the detenu seeking bail in Crime No.492/2016 on the file of Arakkonam Town Police Station. Though it is alleged that his relatives were taking steps to file an application for bail, there were no materials available before the detaining authority, except the report of the Inspector of Police. Even the report of the Inspector of Police does not spell out as to how he came to know that the relatives were taking steps to file application seeking bail. Full details as to who are those relatives, who were taking steps to file bail application also have not been mentioned. Thus, in our considered view, without making proper application of mind relating to these facts, the detaining authority has passed the detention order. Therefore, we are inclined to set aside the same.

6.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 14.08.2016, passed by the second respondent is set aside. The detenu is directed to be released forthwith unless his presence is required in connection with any other case.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sra To 1.The Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009

2. The District Collector and Districit Maghistrate of Vellore District, Vellore - 8.

3. The Superintendent, Central Prison, Vellore.

4. The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.273 of 2017 sk[co] srg 08/06/2017