B.Bagyalakshmi, Female/47 v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2018

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.586 of 2018 B.Bagyalakshmi .. Petitioner Vs.

1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

2.The Commissioner of Police, Greater Chennai, Chennai-600 007.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order in No.125/BCDFGISSSV/2018 on 02.03.2018 on the file of the respondent 2 and quash the same and direct the respondents to produce the body and person of the petitioner's son one name Ravichandran S/o Balu, aged about 22 years now confined at Central Prison, Puzhal, before this Court and set him at liberty. For Petitioner :

Mr.J.Stalin For Respondents :

Mr..M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

[Order of the Court was made by C.T.SELVAM, J.] Challenge is made to the order of detention passed by the second respondent vide Proceedings in No.125/BCDFGISSSV/2018 dated 02.03.2018, whereby the detenu, by name, Ravichandran, son of Balu, aged about 22 years, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slumgrabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of

1982) branding him as a "GOONDA".

2. The detenu has come to adverse notice in the following case:- S.No Cr.No. & Police Station Offences 1.

Cr.No.1663/2017 T-1 Ambattur Police Station 379 r/w 34 IPC 2.

Cr.No.54/2018 T-1 Ambattur Police Station 379 r/w 34 IPC 3.

Cr.No.277/2018 T-1, Ambattur Police Station.

379 IPC 4.

Cr.No.143/2018 T-2 Ambattur Estate Police Station 379 IPC 5.

Cr.No.381/2018 T-1 Ambattur Police Station 379 IPC The ground case has been registered against the detenu in Cr.No.168 of 2018 on the file of Inspector of Police, T-2 Ambattur Estate Police Station for offences u/s 341, 294(b), 336, 427, 392, 397 and 506(ii) IPC. The detention order has been passed by Second respondent in No.125/BCDFGISSSV/2018.

3. Though many grounds have been raised in the 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.

4. A perusal of the Grounds of Detention would reveal that the subject case was registered against the detenu for the offences u/s.341, 294(b), 336, 427, 392, 397 and 506(ii) IPC in Cr.No.168 of 2018. Admittedly, the detenu has not moved any bail applications in the ground case. Therefore, the likelihood of coming out on bail is very remote ; whereas the statement of the Sponsoring Authority has been taken into consideration by the Detaining Authority that the relatives of the detenu are taking steps to file bail applications in the ground case. When a bail application has not been moved, the logical conclusion would be that there is no likelihood of coming out on bail. Therefore, we are of the view that the finding of the Detaining Authority that there is likelihood of the detenu coming out on bail, is nothing but a clear non-application of mind and the Detaining Authority has not passed the order on merits ; but

passed, based on mere ipsi dixit. Hence, we are of the view that the detention order is liable to be set aside.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in No.125/BCDFGISSSV/2018 dated 02.03.2018, passed by the second respondent is set aside. The detenu, namely, Ravichandran, son of Balu, aged about 22 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 To:

1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.

2.The Commissioner of Police, Greater Chennai, Chennai-600 007.

3.The Public Prosecutor High Court, Madras.

4.The Superintendent Central Prison, Puzhal, Chennai.

5.The Joint secretary to Government, Public (Law & order) Fort Saint Geroge, Chennai-9 H.C.P.No.586 of 2018 RSI(CO) GSP(04/09/2018)