Bipina, F/43 v. The District Collector And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE R. SUBRAMANIAN H.C.P.No.74 of 2017 Bipina W/o.Velu .. Petitioner Vs.

1.The District Collector and District Magistrate, Cuddalore District, Cuddalore.

2.The Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the records in C3/D.O/32/2016 on the file of the first respondent, quash the detention order dated 05.12.2016 and direct the production of the detenu Velu, S/o.Govindarasu Presently detained at the Central Priosn, Cuddalore, under the Tamil Nadu Act 14 of 1982 before this Court and set him at liberty. For Petitioner : Mr.A.M.Rahamath Ali For Respondents : Mr.E.Raja, Addl. Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner, who is the wife of the detenu seeking to quash the detention order dated 05.12.2016, passed by the first respondent.

2.The learned counsel for the petitioner would submit that the petitioner was granted bail in the ground case. In one of

the adverse cases, he has been remanded. But, no bail application has been filed. However, the detention order has been passed on the premise that he would get bail in all likelihood.

3. This Court considered the submissions made.

4. Admittedly, in the case on hand no bail application has been filed in the adverse case. The detaining authority made a general observation that in similar cases bail have been granted even without any specific reference to any individual case. Such a general statement cannot be the basis of passing the detention order.

5. In such view of the matter, we are inclined to set aside the detention order dated 05.12.2016, passed by the first respondent.

6. Accordingly, the Habeas Corpus Petition is allowed and the detention order dated 05.12.2016, passed by the first respondent, is quashed. The detenu is directed to be set at liberty, forthwith, unless his presence is required in connection with any other case.

Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar vsm To 1.The District Collector and District Magistrate, Cuddalore District, Cuddalore.

2.The Secretary, Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

3.The Superintendent,Central Prison,Cuddalore. 4.The Joint Secretary to Government,Public(Law & Order), Fort St. George,Chennai-9.

5.The Public Prosecutor, Madras High Court, Chennai.

H.C.P.No.74 of 2017 rj(co) ss(5/6/2017)