Kalaiselvi, F/A 60 Years, v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2018
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.1969 of 2018 Kalaiselvi ... Petitioner -Vs1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009. 2.District Collector & District Magistrate, Vellore District, Vellore - 9.
... 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 22.08.2018 in C3/D.O.No.59/2018 against the petitioner son Raja @ Vasoor Raja, male aged 33 years S/o. Arumugam, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty. For Petitioner :Mr.D.Balaji 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, Raja @ Vasoor Raja, Son of Arumugam, aged 33 years, challenges the impugned order of detention, dated 22.08.2018 in C3/D.O.No.59/2018 detaining her 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, Slumgrabbers 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.
Arcot Town Police Station Crime No.10/2018 385 & 506(i) IPC 2.
Sathuvachari Police Station Crime No.50/2018 392 & 394 IPC 3.
Kandili Police Station Crime No.214/2018 392 IPC The ground case has been registered against the detenu in Crime No.315/2018 on the file of the Inspector of Police, Sathuvachari Police Station for offences u/s 294(b), 353, 506(ii), 307 IPC and 379, 430 and 21(1) Mines and Minerals (Regulation & Development) Act, 1957. The detention order has been passed by second respondent in C3/D.O.No.59/2018 on 22.08.2018.
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.315/2018 for the offences u/s.294(b), 353, 506(ii), 307 IPC and 379, 430 and 21(1) Mines and Minerals (Regulation & Development) Act, 1957. Admittedly, the detenu has moved bail application in the ground case and the same is pending before the Hon'ble Principal Sessions Court, Vellore in Crl.M.P.No.3681/2018. 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.
application of mind.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in C3.D.O.No.59/2018 dated 22.08.2018, passed by the second respondent is set aside. The detenu, namely, Raja @ Vasoor Raja, Son of Arumugam, aged about 33 years, is directed to be released forthwith unless his detention is required in connection with any other case. kkn Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009. 2.District Collector & District Magistrate, Vellore District, Vellore - 9.
3.The Superintendent, Central Prison, Puzhal, Vellore.
4.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.
5.The Public Prosecutor High Court, Madras.
H.C.P.No.1969 of 2018 kak(25/01/2019)