A.Gowthami v. The District Collector And District Magistrate
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.08.2019
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.NO.1030 OF 2019 A.Gowthami ... Petitioner -vs1. The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.
2. Government of Tamil Nadu rep. by its Secretary, Home,Prohibition and Excise Department, Secretariat, Chennai - 600 009
3. The Superintendent, Central Prison, 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 detention order C2/D.O.No.31/2019 dated 22.05.2019 on the file of the first respondent and quash the same and direct the respondents herein to produce the body of the detenu Annachi, M/A 39 years, son of Mani, now confined in Central Prison, Vellore, before this Court and set him at liberty. For Petitioner : Mr.B.S.Ramesh For Respondents : Mr.C.Iyyappa Raj Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the wife of the detenu, Annachi, son of Mani, aged about 39 years. The detenu has been detained by the first respondent by his order in C2/D.O.No.31/2019 dated
22.05.2019 holding to be a "Sand Offender", as contemplated under Section 2(gg) 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 Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
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 the detenu coming out on bail is not there and the subjective satisfaction arrived by the detaining authority is not proper. 4.For appreciating the contentions raised by the learned counsel for the petitioner, the relevant averments in para 5 of the grounds of detention are extracted below: "5 I am aware that Thiru. Annachi, was remanded in Central Prison, Vellore in connection with the ground case in Arni Taluk Police Station Cr.No.
385/2019 u/s 307,379,430,353 IPC r/w 21(5) Tamil Nadu Mines and Mineral Development and Regulations Act 1957 and Sec 3(2) of Tamil Nadu Property (Prevention of Damages & Loss) Act,1992. Further I submit that a bail petition has been filed on behalf of the accused Thiru. Jothi and Thiru. Annachi before Hon'ble District Session Court in Cr.M.P.No.2133/2019 dated 14.05.2019 and it has ordered to be called on 29.05.2019. Further I submit that a writ petition has been filed by Tmt. Gowthami W/o Annachi before High Court, Chennai in W.P No.14575/2019 dated 14.05.2019 and it is pending in the above court. Further I am also aware that in a similar case registered in Polur Police Station in Cr.No.277/2018 under Section 379, 430 IPC against the accused Selvaraj and Sundar, a bail application was filed on behalf of the accused Thiru.
Selvaraj in Hon'ble Judicial Magistrate Court, Polur in Cr.M.P.No.2334/2018 and the bail was granted on 11.04.2018 and an anticipatory bail application was filed on behalf of the co-accused Thiru. Sundar before Hon'ble Vacation Court Judge, Tiruvannamalai in Cr.M.P.No.1671/2018 and it was granted on 24.05.2018. Hence, I infer that there is a real possibility of him (Thiru. Annachi) coming out on bail in the above bail application in the above court, since bails are granted by courts in the such case.
will be prejudicial to the 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 Polur Police Station in Cr.No.277/2018 under Sections 379, 430 IPC against the accused Selvaraj and Sundar, a bail application was filed on behalf of the accused Thiru. Selvaraj in Judicial Magistratte Court, Polur in Cr.M.P.No.2334/2018 and the bail was granted on 11.04.2018 and an anticipatory bail application was filed on behalf of the coaccused Thiru.Sundar before Hon'ble Vacation Court Judge, Tiruvannamalai in Cr.M.P.No.1671/2018 and it was granted on 24.05.2018 and therefore, there is a real possibility of the detenu coming out on bail in the ground case in Crime No.385/2019 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 u/s 379, 430 IPC whereas the offences involved in the ground case are under Sections u/s 307,379,430,353 IPC r/w 21(5) Tamil Nadu Mines and Mineral Development and Regulations Act 1957 and Sec 3
(2) of Tamil Nadu Property (Prevention of Damages & Loss) Act,1992. 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 C2/D.O.No.31/2019 dated 22.05.2019 passed by the first respondent is set aside. The detenu, Annachi, son of Mani, aged about 39 years, is directed to be released forthwith unless his detention is required in connection with any other case.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To
1. The District Collector and District Magistrate, Tiruvannamalai District, Tiruvannamalai.
2. The Secretary to Government, Home,Prohibition and Excise Department, Secretariat, Chennai - 600 009
3. The Superintendent, Central Prison, Vellore.
4. The Joint Secretary to Government, Public (Law & Order) Department, Fort ST.George, Chennai-9.
5. The Public Prosecutor, High Court, Madras.
H.C.P.No.1030 of 2019 VSNII(CO) CS/09/10/2019