Rejina, F/A 45 Yeas, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2019
CORAM:
THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.2003 of 2018 Rejina ... Petitioner -Vs1.State of Tamilnadu Rep. by the Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Villupuram District, Villupuram.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records pertaining to the order of detention passed in No.C2/17531/2018 dated on 26.06.2018 passed by the second respondent and set aside the same and directing the respondents to produce the petitioner's son by name Tamizharasan @ Mariyappan, aged about 30 years before this Hon'ble Court now confined in Central Prison, Cuddalore set him at liberty.
For Petitioner :
Mr.K.Thenrajan For Respondents:
Mr.R.Prathap Kumar Additional Public Prosecutor
ORDER
[Order of the Court made by C.T.SELVAM, J.] Petitioner, who is the mother of the detenu, viz., Tamizharasan alias Mariyappan, Son of Thangarasu, aged 30 years, challenges the impugned order of detention, dated 26.06.2018 in No.C2/17531/2018 detaining her son 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, Slumgrabbers 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.
Vanur Police Station Crime No.31/2017 294(b), 323, 336 & 506 (i) IPC The ground case has been registered against the detenu in Cr.No.263/2018 on the file of the Inspector of Police, Vanur Police Station for offences u/s. 294(b), 353, 506(ii), 307 IPC r/w Section 3 of Tamilnadu Property (Prevention of Damage and Loss) Act 1992. The detention order has been passed by second respondent in No.C2/17531/2018 on 26.06.2018.
3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have perused the counter affidavit as also 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. A perusal of the Grounds of Detention would reveal that 1 adverse case has been registered against the detenu and a ground case came to be registered against him in Cr.No.263/2018 for the offences u/s. 294(b), 353, 506(ii), 307 IPC r/w Section 3 of Tamilnadu Property (Prevention of Damage and Loss) Act 1992. Admittedly, the bail application filed by the detenu in the ground case before the Court of Sessions, Viluppuram Sessions Division, Viluppuram, in Crl.M.P.No.3487/2018 and the same was dismissed on 20.06.2018. 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 No.C2/17531/2018, dated 26.06.2018, passed by the second respondent is set aside. The detenu, namely, Tamizharasan alias mariyappan, Son of Thangarasu, aged
30 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 Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Villupuram District, Villupuram.
3. The Superintendent, Central Prison, Cuddalore.
4.
The Joint Secretary, Public (Law and order) Department, Secretariat, Chennai - 600 009.
5.
The Public Prosecutor, High Court, Madras.
H.C.P.No.2003 of 2018 GN(01/02/2019)