Shenbagavalli v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2019 Coram The Hon'ble Mr.Justice M.M.SUNDRESH and The Hon'ble Mr.Justice RMT. TEEKAA RAMAN H.C.P. No. 1274 of 2019 Shenbagavalli ... Petitioner -vs1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Vellore District, Vellore - 632 009.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus calling for the records pertaining to the order of detention passed by the 2nd respondent herein dated 10.06.2019 made in C3/D.O.No.51/2019 against the detenu Narendiran, male, aged 23 years, S/o. Selvaraj, residing at No.115/33, Arugandampoondi Big Street, Thottapalayam, Vellore, Vellore District who is confined in Central Prison, Vellore and set aside the same an direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner : Mr.T.Vijayaraghavan For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the mother of the detenu Narendiran, S/o. Selvaraj, aged about 23 years. The detenu has been detained by
the second respondent by his order in C3/D.O.No.51/2019 dated 10.06.2019, 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 offence 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 Narendiran has not filed a bail application before any court in ground case in Vellore North L&O Police Station Crime No.68/2019 u/s 147,148, 341,294(b), 324, 307, 506(ii) IPC @ 147, 148, 341, 294(b), 324, 302, 506(ii) IPC and Sec 3(2)(v) SC/ST (POA) Act, 1989 as amended in Act 1 of 2016. As far as the ground case 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 IPC and 149, 109, 114 IPC bail was granted to the accused Tvl. Sandhar, S/o. Kuppan and Moses S/o. Joseph by the court of 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 most likely of his (Thiru. Narendiran) coming out of bail by filing bail application in any court. If he enlarge himself on bail, he would indulge in further activities which will be prejudicial to the maintenance of public order and public peace."
5.From a perusal of the detention order, it is seen that the detaining authority has taken into consideration in a similar case registered at Kanchi Taluk Police Station Crime No.15/2016, under Sections 147, 148, 506(ii), 302 IPC @ 120B, 147, 148, 506(ii), 302 IPC and 149, 109, 114 IPC bail was granted to the accused Tvl. Sandhar, S/o. Kuppan and Moses S/o. Joseph by the court of 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 IPC and 149, 109, 114 IPC whereas the offences involved in the ground case are under Sections u/s 147,148, 341,294(b), 324, 307, 506(ii) IPC @ 147, 148, 341, 294 (b), 324, 302, 506(ii) IPC and Sec 3(2)(v) SC/ST (POA) Act, 1989 as amended in Act 1 of 2016. Therefore, there is nonapplication 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.51/2019 dated 10.06.2019, passed by the second respondent is set aside. The detenu, namely, Narendiran, S/o. Selvaraj, aged about 23 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 To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Vellore District, Vellore - 632 009.
3.The Superintendent, Central Prison,Vellore.
4.The Public Prosecutor, High Court, Madras.
AKM/30.10.19/3P-5C / H.C.P. No. 1274 of 2019