Settan, M/A 53 Years, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2018

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.1925 of 2018 Settan S/o.M.A.Ismail ... Petitioner -Vs1.State of Tamil Nadu rep. by its Secretary to Government [Home], Prohibition and Excise Department, Fort St. George, Chennai 600 009.

2.The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.

... 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 D.NO.NO.39/2018-C2 dated, 13/08/2018 passed by the 2nd respondent and to quash the same and also to direct the detenu Umarkhan, M/A 44 years, S/O.Rasul Khan, who is presently detained in the Central Prison, Vellore to be produced before this Hon`ble court and set at liberty. For Petitioner : Mr.M.Mariappan 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 father-in-law of the detenu, namely, Umarkhan, Son of Rasul Khan, age 44 years, challenges the impugned order of detention, dated 13.08.2018 in D.O.No.39/2018-C2 detaining his son-in-law 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 ground case has been registered against the detenu in Crime No.577/2018 on the file of the Inspector of Police, Chengam Police Station, for offences u/s 147, 148, 341, 364, 302 IPC. The detention order has been passed by second respondent in D.O.No.39/2018-C2 on 13.08.2018.

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 a ground case was registered against the detenu in Cr.No.577/2018 for the offences u/s.147, 148, 341, 364, 302 IPC. Admittedly, the detenu has moved bail application in the ground case and the same is pending before this Court in Crl.O.P.No.18527/2018. 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 D.O.No.39/2018-C2 dated 13.08.2018, passed by the second respondent is set aside. The detenu, namely, Umarkhan, Son of Rasul Khan, aged about 44 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 kmi

To:

1. The Secretary to Government [Home], Prohibition and Excise Department, Fort St. George, Chennai 600 009.

2. The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.

3. The Superintendent, Central Prison, Vellore.

4. The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.

5. The Public Prosecutor High Court, Madras.

+1cc to Mr.N.Chinnaraj, Advocate, S.R.No.88453 H.C.P.No.1925 of 2018 rrs 25/01/2019