Kumar v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2019
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.NO.937 OF 2019 Kumar ... Petitioner -vs1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2. District Collector and District Magistrate, Vellore District, Vellore.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 29.04.2019 in C3/D.O.No.32/2019 the petitioner Kumar, Male, aged 37 years S/o. Selvam, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : Mr.D.Balaji For Respondents :
Ms.V.Saradha Devi Government Advocate (Crl.Side)
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner, Kumar, S/o. Selvam, Male, aged 37 years, is the detenu The detenu has been detained by the second respondent by his order in C3/D.O.No.32/2019 dated 29.04.2019, holding to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2.We have heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. We have perused the materials available on record. 3.The main argument of the learned counsel appearing for the petitioner is that the case relied on by the detaining authority is not similar in nature and the offences in the ground case are totally different. Therefore, the likelihood of
"5.I am aware that Thiru Kumar has filed a bail application in ground case Thimiri Police Station Cr.No.122/2019 u/s man missing @ 364, 302 IPC before the Court of the Principal Sessions Judge, Vellore in Crl.M.P.No.1770/2019 and the same is pending before the Court. As far as the ground case is concerned, in a similar case registered at Kanchi Taluk police station Crime No.15/2016, under Section 147, 148, 506 (ii), 302 IPC @ 120B, 147, 148, 506(ii), 302 I.P.C. And 149, 109, 114 I.P.C bail was granted to the accused Tvl.K.Sandhar, S/o. Kuppan and Moses, S/o. Joseph by the Court of the Hon'ble Sessions Court-II, Kanchipuram in Crl.M.P.No.600/2016 on 06.04.2016. As bails are being granted by courts in such cases, there is a real possibility of his (Thiru Kumar) coming out on bail, in the above pending bail application before the Court.
If he enlarge himself on bail, he will indulge in further activities, which will be prejudicial to be maintenance of public order......." 5.From a perusal of the detention order, it is seen that the detaining authority has taken into consideration in a similar case registered in a similar case registered at Kanchi Taluk police station Crime No.15/2016, under Section 147, 148, 506(ii), 302 IPC @ 120B, 147, 148, 506(ii), 302 I.P.C. And 149, 109, 114 I.P.C bail was granted to the accused Tvl.K.Sandhar, S/o. Kuppan and Moses, S/o. Joseph by the Court of the Hon'ble Sessions Court-II, Kanchipuram in Crl.M.P.No.600/2016 on 06.04.2016 and therefore, there is a real possibility of the detenu coming out on bail and indulge in such activities prejudicial to the maintenance of public order.
The similar case relied on by the authority was registered for the offences under Sections 147, 148, 506(ii), 302 IPC @ 120B, 147, 148, 506(ii), 302 I.P.C. And 149, 109, 114 I.P.C whereas the offences involved in the ground case are under Sections 364, 302 IPC. Therefore, there is non-application of mind on the part of the detaining authority in not considering the similar case for arriving at subjective satisfaction. Hence the impugned order of detention is liable to be set aside.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in C3/D.O.No.32/2019 dated 29.04.2019, passed by the second respondent is set aside. The detenu, namely,Kumar, S/o. Selvam, Male, aged 37 years, is directed to be released forthwith unless his detention is required in connection with any other case.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mmi To
1. The Secretary to Government, Home, Prohibition and Excise Department, Secretariat,
3. The Superintendent, Central Prison,Vellore.
4. The Public Prosecutor, High Court, Madras.
5. The Joint Secretary to Government, Public Law & Order Department, Secretariat, Chennai-9.
H.C.P.No.937 of 2019 VSNII(CO) CS/18/09/2019