Tamilselvi, Aged 45 Years v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2018
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.2050 of 2018 Tamilselvi ... Petitioner/Mother of Detenue -Vs1.The State of Tamil Nadu Rep. By the Secretary to the Government, Home, Prohibition & Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police/Detaining Authority Huzur Road, Coimbatore City, Coimbatore-18.
...
Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the entire records, relating to the petitioner's son detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 07.09.2018 on the file of the second respondent herein made in proceedings Memo C.No.98/G/IS/2018, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's son namely R.Arun @ Joker @ Jockey, S/o. Ravindran, aged 23 years before this Hon'ble High Court and set the petitioner's son at liberty from the detention, now the Petitioner's son detained at Central prison, Coimbatore.
For Petitioner :
Mr.M.Mohamad Saifullah for Mr.W.Camyles Gandhi 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, R.Arun @ Joker @ Jockey, Son of Joseph, aged 23 years, challenges the impugned order of detention, dated 07.09.2018 in C.No.98/G/IS/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.
Coimbatore City, B-2 R.S.Puram Police Station Crime No.567/2017 392 IPC 2.
Coimbatore City, B-2 R.S.Puram Police Station Crime No.953/2018 379 IPC 3.
Coimbatore City, B-2 R.S.Puram Police Station Crime No.956/2018 392 IPC The ground case has been registered against the detenu in Crime No.957/2018 on the file of the Inspector of Police, Crime, B-2 R.S.Puram Police Station, Coimbatore City for offences u/s 392 r/w 397 IPC. The detention order has been passed by second respondent in Memo C.No.98/G/IS/2018 on 07.09.2018.
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 non-application 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 cases have been registered against the detenu and a ground case was registered against him in Cr.No.957/2018 for the offences 392 r/w 397 IPC. Admittedly, the detenu has not moved any bail application in the 2nd and 3rd adverse case viz., Crime Nos.953/2018 and 956/2018. 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 C.No.98/G/IS/2018 dated 07.09.2018, passed by the second respondent is set aside. The detenu, namely, R.Arun @ Joker @ Jockey, Son of Ravindran, aged about 23 years, is directed to be released forthwith unless his detention is required in connection with any other case.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kkn To:
1.The Secretary to the Government, Home, Prohibition & Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police/Detaining Authority Huzur Road, Coimbatore City, Coimbatore-18.
3.The Superintendent, Central Prison, Coimbatore.
(In Duplicate for communication to Detenue) 4.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.
5.The Public Prosecutor High Court, Madras.
H.C.P.No.2050 of 2018 ASK(21/12/2018)