V.Mohan v. State Of Tamil Nadu Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M. NIRMAL KUMAR H.C.P. No. 1058 of 2019 V.Mohan ... Petitioner/Father of detenue -vs1.State of Tamil Nadu, Rep. By its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.

2.The Commissioner of Police, Greater Chennai, Vepery, Office of the Commissioner of Police (Goondas Section), Chennai - 7.

.. Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to call for the records relating to the detention order BCDFGISSSV No.254/2019 dated 15.05.2019 passed by the second respondent and quash the same and direct the respondent to produce the detenu, Lakshmanan @ Lachu, S/o.V.Mohan, now confined in Sub Jail, Poonamallee before this Court and set him at liberty.

For Petitioner : Mr.R.Vivekananthan For Respondents : Mr.C.Iyyappa Raj Addl.Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner, who is the father of the detenu viz., Lakshmanan @ Lachu, S/o.V.Mohan, challenges the order of detention dated 15.05.2019 passed by the second respondent under Section 2(f) of the Tamil Nadu Act 14 of 1982 branding the detenu as a Goonda.

2.We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The sponsoring authority has satisfied that the detenu has acted in a manner prejudicial to the maintenance of public order and as such he is a Goonda, as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982 and hence, sponsored the detenu before the Detaining Authority for passing an order of detention against him. The Detaining Authority, on consideration of the materials placed before him, passed the order of detention against the detenu. Aggrieved of the same, the present Habeas Corpus Petition is filed.

4.Though, several grounds were raised in the petition, the learned counsel appearing for the petitioner would mainly focus on the ground that there is non-application of mind on the part of the detaining authority in passing the order of detention.

5. The learned counsel for the petitioner submitted that insofar as the ground case is concerned, the offence registered against the detenu is under Sections 294(b) and 307 IPC subsequently altered into one under Sections 294(b), 307 and 302 IPC. Learned counsel further submitted that in the grounds of detention, there is no reference that the maintenance of public order was affected by the act of the detenu and hence the order of detention is liable to be set aside.

6.On perusal of the materials available on record and after going through the grounds of detention, we find that the ground case relates to individual act and there may be violation of only law and order and not public order. Any disorderly behaviour of a person in the public or commission of a criminal offence is bound, to some extent, affect the peace prevailing in the locality and it may also affect law and order, but the same need not affect maintenance of public order. Hence, the detention order is liable to be set aside.

7. In the result, the Habeas Corpus Petition is allowed and the order of detention in BCDFGISSSV No.254/2019 dated 15.05.2019, passed by the second respondent is set aside. The detenu, namely, Lakshmanan @ Lachu, son of Mohan, aged 31 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 Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 9.

2.The Commissioner of Police, Greater Chennai, Vepery, Office of the Commissioner of Police (Goondas Section), Chennai - 7.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

5.The Joint Secretary to Government, Public (L&O),Fort St.George, Chennai-9.

+1cc to Mr.R.Vivekananthan, Advocate, SR.69616 H.C.P. No. 1058 of 2019 SJ(CO) CB(10/10/2019)