Niyamath, Aged 35 Years, v. The Secretary To Govt.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.07.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA THE HON'BLE MRS. JUSTICE S. RAMATHILAGAM H.C.P. No.493 of 2018 Niyamath .... Petitioner
Versus
1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Commissioner of Police, Detaining Authority, City Police Office, Huzur Road, Coimbatore City, Coimbatore-18.
...
Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the respondents, to call for the entire records relating to the petitioner's brother detention under Tamil Nadu Act 14 of 1982 vide detention order dated 13.1.2018 on the file of the second respondent herein made in proceedings Memo C.No.16/G/IS/2018, quash the same as illegal and consequently, direct the respondents herein to produce petitioner's brother, namely, S.Amin, S/o Subhankhan, aged 35 years before this Court and set him at liberty from detention, now he has been detained at Central Prison, Coimbatore.
For petitioner :
Mr.V.Parthiban For respondents :
Mr.R.Prathap Kumar Addl. Public Prosecutor for RR1 and 2
ORDER
(Order of the Court was made by S.RAMATHILAGAM, J. ) The relief sought for in the present Habeas Corpus Petition is to quash the detention order dated 13.1.2018 passed by the second respondent vide proceedings Memo C.No.16/G/IS/2018 and consequently, direct the respondents herein to produce petitioner's brother, namely, S.Amin, S/o Subhankhan, aged 45 years before this Court who has been detained at Central Prison, Coimbatore and set him at liberty from detention forthwith. We have carefully gone through the grounds for the detention of the detenu. Two adverse cases were noticed against the detenu and the details are as follows :- S.No.
Station and Cr.No.
Section of Law Disposal / Present stage of the case 01.
Coimbatore City E-2, Peelamedu Station Crime No.1735 of 2017.
457, IPC @ 457, 380 IPC and (1-B) (a) Arms Act 1959.
On 10.12.2017 between 01.15 and 4.30 hours at " Indus Ind" Bank ATM Centre, Door No.18-A, Thaneer Pandal Road, Peelamedu, Coimbatore, within E2 Peelamedu Police station limits, Coimbatore City, accused S.Amithkumar and his associates committed theft of cash Rs.3,35,000/- from the said ATM center by breaking open the ATM using gas cutters.
The Accused were arrested remanded. The case is under investigation.
In this case so far no bail application has been filed on behalf of the accused.
S.No.
Station and Cr.No.
Section of Law Disposal / Present stage of the case 02.
Coimbatore City, E-2, Peelamedu Station, Crime No.1737/2017.
457, r/w 511 IPC @ 457, 380 r/w 511 IPC and 25 (1B) (a) Arms Act 1959 Between 23.00 hours of 09.12.2017 and 10.30 hours of 10.12.2017, at "AXIS"
Bank ATM Centre, Door No.28-B, Venkatesa Complex, Avinashi Road, Peelamedu, Coimbatore, within E2 Peelamedu Police limits, Coimbatore City, accused S.Amithkumar and his associates attempted to commit theft of cash from the said ATM Centre.
The accused were arrested remanded, The case is under investigation.
In this case so far no bail application has been filed on behalf of the accused.
The ground case was that on 11.12.2017 at about 21.30 hours, while the Sub-Inspector of Police, Crime, E-2 Peelamedu Police Station, Coimbatore City was on station duty, Thiru. D.Sangeeth Kumar, S/o.Dheenan, Door No.8, Krishna Nagar, 2nd Street, Pudupalayam Road, Rakkipalayam, Coimbatore appeared at the station and preferred a written complaint stating that he is working as a Field officer in "Euronet Services India (P) Ltd.," having its regional office at Chennai; that their company is looking after the maintenance work of 'ATM' of banks on contract basis; that their company has entrusted the work of filing cash in 'ATMs' with the 'CMS' and 'Securitans India (P) Ltd' (SIPC); that their company is maintaining the 'AXIS' Bank functioning at 'AM Complex', Door No.34-L, Thanneer Pandal Road, Peelamedu, Coimbatore; that on 08.12.
2017 at about 19.00 hours, the said 'SIPL' company has filled cash of Rs.30 lakhs in the above said 'ATM'; that on 11.12.2017 at about 12.30 hours their Mumbai Office had contacted the 'SIPL' company officials and informed them that the above said 'ATM' is 'not functioning'; that on hearing the news, when Thiru.
went to the said ATM Centre, he saw the shutter of the ATM Centre was locked and he informed the same to the complainant; that the complainant and an another field officer immediately rushed there and broke open the lock of the shutter and went inside the 'ATM Centre' where they saw black colour paint was sprayed in the closed circuit camera and the 'ATM' was broke open with the help of gas cutter; that four cash filing trays were missing from the ATM; that when they checked the accounts, they came to know cash of Rs.26,70, 200/- was missing. Accordingly, the investigation commenced by the authorities and now, it is brought to the notice of this Court that the detenu along with some other persons, who had committed similar type of offences in many other places across the country. The learned Government Advocate [Crl.Side] appearing on behalf of respondents / Police furnished the list of cases in which Mr. Islamuddin and his gang members were wanted and the details are as follows :
Sl.N o.
FIR No.
Date U/s Remarks Delhi 316/2016 02/06/2016 408/365/395/34 IPC Vasant Kunj North, Delhi Wanted 51/2016 13/04/2016 25/54/59 Arms Act Crime Branch Wanted 24/2009 21/01/2009 186/353/307 IPC & 25&27 Arms Act Vasant Kunj North, Delhi PO RAJASTHAN 4.
179/2008 - 379/411 IPC Bajaj Nagar, Jaipur City, Rajasthan Convicted 5.
120/2002 -- 392/395/120-B IPC Kishangarh Distt.Ajmer , Rajasthan 6.
25/2011 16/01/2011 365/376/120B/3 4 IPC Kama, Bharatpur (Raj) Wanted having reward of Rs.25,000 /-
Sl.N o.
FIR No.
Date U/s Remarks 7.
342/2013 -- 174A Kama, Distt.
Bharatpur Wanted 8.
136/2015 -- 365/395/420/48 2/34 IPC Kherwara, Udai Pur (Raj) Wanted 9.
331/2015 27/09.15 341/323/342/36 5/394/395/420/ 467/468/471/12 0-B IPC Sumerpur, Distt.
Pali, Rajasthan Wanted reward of Rs.5,000/ - 10.
469/2015 -- 323/341/365/39 4/395/467/468/ 471/120-B IPC Sumerpur, Distt, Palli, Rajasthan Wanted reward of Rs.5,000/ - 11.
501/2015 14.10.2015 395/365/341/32 3/120-B IPC Sumerpur, Distt.
Pali, Rajasthan Wanted reward of Rs.5,000/ - 12.
141/2015 -- 365/395/34 IPC Panihala, Kota, Rajasthan Wanted 13.
150/16 10/05/2016 365/395/397 IPC Kotwali, Jhalawar, Rajasthan Wanted IO/Inspr.
Manoj Singh (SHO Sadar Jhalawar) 941426899 MADHYAPRADESH 14.
552/2014 -- 365/395/397/34 IPC Chiman Ganj, Ujjain, MP Wanted having reward of Rs.15,000 /- 15.
282/2016 17/07/2016 365/395/397/34 IPC PS Namli, Distt.
Ratlam, MP Wanted
Sl.N o.
FIR No.
Date U/s Remarks 16.
102/2011 24/05/2011 394/341/170/34 IPC Malhargar, Distt.
Mandsore, MP PO 17.
1161/11 -- 307/34 IPC & 25/227 Arms Act Fazalpur, Dhar, MP PO 18.
454/11 -- 307/34 IPC & 25 Arms Act Kotwali, Dhar, MP PO Haryana 19.
469/2016 01.07.2016 392/332/496/34 IPC DLF, Sec29, Gurgaon, Haryana Wanted 20.
215/2016 12.06.2016 379 IPC Sec-40 Gurgaon, Haryana Wanted 21.
279/2016 -- 148/149/285/42 7/395/397/506 IPC & 25/54/59 Arms Act Punhana, Haryana Wanted 22.
119/2014 -- 302/34 IPC & 25/54/59 Arms Act Punhana, Haryana Wanted 23.
513/2014 -- 332/353/506 IPC Punhana, Haryana Wanted 24.
386/2013 -- 307/34 IPC Punhana, Haryana Wanted 25.
21/2011 -- 419/342/422/50 Punhana, Haryana Wanted 187/2010 -- 148/149/135/35 2/332 IPC Punhana, Haryana Wanted
27. 26/2009 -- 406/420/467/14 68/471/120B IPC Nuhu Distt.
Mewar Wanted 28.
230/2009 -- 406/120-B IPC Nuh, Mewat Wanted 29.
239/2008 -- 395/397/412 IPC Punhana, Haryana Wanted
Sl.N o.
FIR No.
Date U/s Remarks 30.
174/2008 -- 148/149/323/45 2/364A/506/285 /379 IPC Punhana, Haryana Wanted 31.
111/2008 .
-- 379/411/420/46 7/468/471/120B IPC Hathin, Distt.
Palwal Wanted 32.
55/2007 -- 148/149/448 Punhana, Haryana Wanted 33.
355/2005 -- 395/397/412 IPC Sadar, Distt.
Palwai Wanted 34.
76/2005 -- 363/366/376/12 0-B IPC Firozar Jirka, Mewat Wanted 35.
93/2001 -- 364A/302/201/1 20-B IPC Hodal, Distt.
Palwal Wanted Gujarat 36.
213/2011 -- 342/365/395 IPC Kalol, Distt.Panch mahal, Gujarat Wanted 37.
76/2013 28/06/2013 342/365/395/12 0-B IPC Mansa, Distt.
Gandhi Nagar, Gujarat Wanted 38.
190/2013 -- 395/397/365/32 3 IPC Chhani, Badodra, Gujrat Wanted 39.
170/2012 -- 342/365/395 IPC Kalol, Distt.Panch mahal, Gujrat Wanted Uttar Pradesh 88/2008 -- 460/34 IPC Dhosli, Pune, Maharastra Wanted 224/16 03/07/2016 392/427 IPC PS Tappal, Aligarh, UP Wanted
5.
The learned counsel appearing on behalf of the petitioner contended that there is a delay in considering the representation as well as in passing the detention order. However, the points raised in this regard has been rebutted by the learned Government Advocate [Crl.Side] appearing on behalf of the respondents by filing a counter affidavit, stating that the representation of the petitioner was received by the first respondent on 8.3.2018 and it was forwarded to the second respondent on the same day, which was received by the second respondent on 10.3.2018 and on receipt of the same, the second respondent called for the remarks of the Sponsoring Authority on the same day and also received the same on 12.3.2018 as 11.03.2018 being holiday and hence, on 13.3.
2018, the second respondent sent his reply to the first respondent, which is under the consideration of the first respondent. Therefore, there is no inordinate delay in consideration of the representation of the petitioner. As regards the delay in passing the order, it appears that the detenu was arrested on 14.12.2017 and the detention order was passed on 13.01.2018. Therefore, there is no considerable delay in passing the detention order by the second respondent in order to interfere with the same.
6.
Further, it is pertinent to note that the detenu has involved in many such cases, which are all of very serious in nature and affecting the public peace and tranquility. On a perusal of the list of cases, in which the detenu is wanted all over the country, we are of the opinion that considering the case of the petitioner, will certainly cause prejudice to the public order and a great concern for the State and also for the Nation. After implementation of the demonetization in our country, people are mostly using ATM Cards and Credit cards and cashless transactions are in improved stage. This being the prevailing situation in the society, we are of the opinion that such crimes committed by breaking open the ATM in the presence of the public is certainly affect the public order and, the State has to take stringent action against such offences. Periodical monitoring of these kinds of offences and protection to ATM are also certainly required. Police patrols should also be intensified in such offence prone areas where the ATM machines are installed.
7.
Apart from the ground of delay, the petitioner is unable to raise any other legally acceptable ground, so as to consider the case of the petitioner for release. We have carefully analysed the factual circumstances, nature of the allegations against the detenu and the number of cases in which the detenu is alleged to have been involved and therefore, we have no hesitation in coming to the conclusion that it is not a fit case to release the detenu by invoking the provisions under
Article 226 of Constitution of India. Thus, the Habeas Corpus petition is devoid of merits and stands dismissed. Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar suk To
1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-600 009.
2. The Commissioner of Police, Detaining Authority, City Police Office, Huzur Road, Coimbatore City, Coimbatore-18.
3. The Public Prosecutor, Madras High Court,Chennai.
H.C.P. No.493 of 2018 GMY(16/10/2018)