S.Shakila, F/A.50 Years v. State Of Tamilnadu, Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2018
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.1903 of 2018 S.Shakila
...Petitioner
-Vs1.State of Tamil Nadu rep. by its Principal Secretary, Department of Home, Prohibition and Excise, Secretariat, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai Veppary, Chennai - 600 007.
3. The State rep. by The Inspector of Police, S-4, Nandambakkam Police Station, Chennai.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records in Memo No.569/BCDFGISSSV/2018 and 23.07.2018 on the file of the 2nd respondent and quash the detention order as illegal and direct the respondents to produce the detenue Manikandan @ Joseph son of Srinivasan, aged about 28 years detenue now confirmed at Central Prison, Puzhal, Chennai and set him at liberty.
For Petitioner : Mr.G.Pavendhan 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, Manikandan @ Joseph, Son of Srinivasan, age 28 years, challenges
the impugned order of detention, dated 23.07.2018 in No.569/BCDFGISSSV/2018 detaining him 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 case:- S.No.
Police Station & Crime No.
Section of Law 1.
S-8 Adambakkam Police station Crime No.351/2018 379 IPC 2.
S-1 St.Thomas Mount Police station Crime No.40/2018 379 IPC 3.
S-1 St.Thomas Mount Police station Crime No.163/2018 379 IPC The ground case has been registered against the detenu in Crime No.127/2018 on the file of the Inspector of Police, S-4 Nandambakkam Police Station for offences u/s 341, 294(b), 323, 336, 392, 397 and 506(ii) IPC. The detention order has been passed by second respondent in No.569/BCDFGISSSV/2018 on 23.07.2018.
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 nonapplication of mind on the part of the detaining authority in passing the order of detention.
5. The Grounds of Detention would reveal that adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.127/2018 for the offences 341, 294(b), 232, 336, 392, 397 and 506(ii) IPC. Admittedly, the detenu has not moved any bail application in the 3 adverse cases in Crime Nos.351/2018, 40/2018 and 163/2018. 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 Memo No.569/BCDFGISSSV/2018 dated 23.07.2018, passed by the second respondent is set aside. The detenu, namely, Manikandan @ Joseph, Son of Srinivasan, aged about 28 years, is directed to be released forthwith unless his detention is required in connection with any other case. pds Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To:
1.The Principal Secretary to the Government, Department of Home, Prohibition and Excise, Secretariat, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Veppary, Chennai - 600 007.
3. The Inspector of Police, S-4, Nandambakkam Police Station, Chennai.
4.The Superintendent, Central Prison, Puzhal, Chennai.
5.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.
6.The Public Prosecutor High Court, Madras.
H.C.P.No.1903 of 2018 kak(26/12/2018)