Saranya, F/A.28 Years v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2018
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.1818 of 2018 Saranya ... Petitioner -Vs1.The Secretary to the Government, Home Prohibition & Excise Department, Fort St.George, Secretariat, 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, call for the records connection with the order of detention passed by the 2nd respondent dated 07.08.2018 in No.670/BCDFGISSSV/2018 the husband of the petitioner, detenue Sundar @ Azhukku Sundar, male aged 36 years, Son of Selvaraj, who is confined at Central Prison, Puzhal and to set aside the same and consequently direct the respondents to produce the detenue before the Hon'ble Court and set him at liberty.
For Petitioner :
Mr.K.S.Kaviarasu 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, Sundar @ Azhukku Sundar, Son of Selvaraj, aged 36 years, challenges the impugned order of detention, dated 07.08.2018 in No.670/BCDFGISSSV/2018 detaining her husband 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.
K-1 Sembium Police Station Crime No.831/2018 341, 294(b), 307 & 506 (ii) IPC The ground case has been registered against the detenu in Crime No.833/2018 on the file of the Inspector of Police, K-1 Sembium Police Station for offences u/s 341, 294(b), 336, 392, 397 and 506(ii) IPC. The detention order has been passed by second respondent in No.670/BCDFGISSSV/2018 on 07.08.2018.
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 1 adverse case has been registered against the detenu and a ground case was registered against him in Cr.No.833/2018 for the offences 341, 294(b), 336, 392, 397 and 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 Memo No.670/BCDFGISSSV/2018 dated
07.08.2018, passed by the second respondent is set aside. The detenu, namely, Sundar @ Azhukku Sundar, Son of Selvaraj, aged about 36 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Deputy Registrar //True copy// Sub Assistant Registrar kkn To:
1.The Secretary to the Government, Prohibition & Excise Department, Fort St.George, Secretariat, 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.
H.C.P.No.1818 of 2018 GMY(22/01/2019)