Jayachitra Manikandan v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2023 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Mrs.Jayachitra Manikandan W/o Manikandan @ Briyani Mani ..
Petitioner v.
1. The Secretary to Government Home, Prohibition and Excise Department Fort St.George Chennai 600 009
2. The Commissioner of Police Salem City
3. The Superintendent of Prison Central Prison, Salem
4. The Inspector of Police Ammapet Police Station Salem District ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, to call for the entire
records leading to the detention of the petitioner's husband namely Briyani Mani @ Manikandan, Male, aged about 33 years is presently lodged in Central Prison at Salem and has been detained under Act 14/82 as a "Goonda" vide detention order dated 30.05.2023 on the file of the 2nd respondent herein made in C.M.P.No.49/Goonda/Salem City/2023, quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Salem.
For Petitioner ::
Mr.E.C.Ramesh For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) The petitioner, who is the wife of the detenu, namely, Briyani Mani @ Manikandan, aged 33 years, S/o Subramani, has come forward with this petition challenging the detention order passed by the second respondent dated 30.05.2023 slapped on her husband, branding him as 'Goonda' under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral
Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982).
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. Though several grounds are raised in the petition, the learned counsel for the petitioner confined his argument to the sole ground that the subjective satisfaction of the detaining authority is irrational, as the accused in similar case was released on bail based on the representation of the Public Prosecutor to the effect that bail can be granted if the accused is directed to stay away.
4. We also find that the case relied upon by the detaining authority in the impugned order is not similar to the case on hand, as bail was granted to the accused therein only on recording the statement of the learned Public Prosecutor to the effect that bail can be granted on condition that the accused should stay away. In such circumstances and on the admitted facts,
this Court is of the view that the subjective satisfaction of the detaining authority suffers from non-application of mind. Therefore, the detention order is liable to be quashed.
5. In view of the aforesaid reason, the detention order passed by the second respondent dated 30.05.2023 in C.M.P.No.49/Goonda/Salem City/2023 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Briyani Mani @ Manikandan S/o Subramani, aged 33 years, is directed to be set at liberty forthwith, unless he is required in connection with any other case.
Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 30.10.2023 ss To
1. The Secretary to Government Home, Prohibition and Excise Department Fort St.George Chennai 600 009
2. The Commissioner of Police Salem City
3. The Superintendent of Prison Central Prison, Salem
4. The Inspector of Police Ammapet Police Station Salem District
5. The Public Prosecutor High Court, Madras
S.S.SUNDAR,J.
AND SUNDER MOHAN,J.
ss 30.10.2023