J.Surya, Aged 40 Years, v. The Secretary To The

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.1685 of 2018 J.Surya ... Petitioner/Mother of detenu -Vs1.The Secretary to the Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009. 2.The Commissioner of Police, Greater Chennai, Chennai.

... 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.533/2018 dated, 16.07.2018 passed by the 2nd respondent and to quash the same and also to direct the detenu Thangaraj @ Gold, S/O. Janakiraman, 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.S.Anburaja 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 detenu, namely, Thangaraj @ Gold, Son of Janakiraman, age 23 years, challenges the impugned order of detention, dated 16.07.2018 in BCDFGISSSV No.533/2018 detaining her son 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.

J-8 Neelankarai Police station Crime No.2514/2017 379 IPC 2.

J-8 Neelankarai Police station Crime No.2515/2017 379 IPC The ground case has been registered against the detenu in Crime No.855/2018 on the file of the Inspector of Police, J-8 Neelankarai Police Station for offences u/s 294(b), 341, 324, 336, 427, 397 & 506(ii) IPC. The detention order has been passed by second respondent in BCDFGISSSV No.533/2018 on 16.07.2018.

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 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 2 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.855/2018 for the offences u/s.294(b), 341, 324, 336, 427, 397 & 506 (ii) IPC.

Admittedly, the detenu has moved bail application in the ground case and the same is pending before the Principal District and Sessions Court, Chengalpattu in Crl.M.P.No.2452/2018. 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 BCDFGISSSV No.533/2018 dated 16.07.2018, passed by the second respondent is set aside. The detenu, namely, Thangaraj @ Gold, Son of Janakiraman, aged about 23 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 Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009. 2.The Commissioner of Police, Greater Chennai, 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.

+1cc to Mr.S.Anburaja , Advocate SR.No. 81450 H.C.P.No.1685 of 2018 ASK(03/01/2019)