Sankar, Aged 49 Years, v. The Secretary To Govt.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2019

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.1954 of 2018 Sankar ... Petitioner -Vs1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009. 2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records in connection with the order of detention passed by the second respondent dated 13.08.2018 in BCDFGISSSV No.698/2018 against my son, the detenu herein, now confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenue Thiru.Suresh @ Thakkali Suresh, S/o.Sankar, aged about 25 years before this Hon'ble Court and set him at liberty.

For Petitioner :

Mr.A.Nirmal Kumar 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 of the detenu, namely, Suresh @ Thakkali Suresh, Son of Sankar, aged 25 years, challenges the impugned order of detention, dated 13.08.2018 in No.698/BCDFGISSSV/2018 detaining his son 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.

H-6 R.K.Nagar Police Station Crime No.288/2015 147, 148, 341, 294(b), 323, 307 & 506(ii) IPC r/w 120B IPC 2.

H-6 R.K.Nagar Police Station Crime No.1188/2017 147, 148, 341, 294(b), 307, 336, 427 & 506(ii) IPC 3.

Korukkupet Railway Police Station Crime No.112/2017 147, 148, 341, 294(b), 323, 324, 307 & 506(ii) IPC The ground case has been registered against the detenu in Crime No.808/2018 on the file of the Inspector of Police, H-6 R.K.Nagar Police Station for offences u/s. 341, 294(b), 323, 336, 427, 392, 397 & 506(ii) IPC. The detention order has been passed by second respondent in No.698/BCDFGISSSV/2018 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 3 adverse case have been registered against the detenu and a ground case was registered against him in Cr.No.808/2018 for the offences u/s.341, 294(b), 323, 336, 427, 392, 397 & 506(ii) IPC. Admittedly, the detenu has moved bail application in the ground case and the same is pending before the Court of Principal Sessions, Chennai in Crl.M.P.Nos.12360/2018 and 13147/2018 respectively. 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 No.698/BCDFGISSSV/2018 dated 13.08.2018, passed by the second respondent is set aside. The detenu, namely, Suresh @ Thakkali Suresh, Son of Sankar, aged about 25 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, Home, Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009. 2.The Commissioner of Police, Greater Chennai, 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.1954 of 2018 srg 01/02/2019