Samundeeshwari v. State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.12.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Samundeeshwari Petitioner v State of Tamil Nadu Rep. by the Secretary Home, Prohibition and Excise Department Fort St. George, Chennai 600 009 The Commissioner of Police Greater Chennai O/o.The Commissioner of Police (Goondas Section) Vepery, Chennai 600 007 The Superintendent of Prison Central Prison, Puzhal Chennai District The Inspector of Police J-7 Velachery Police Station Chennai Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS calling for the records relating to the detention 1/6

order in Memo No.BCDFGISSSV No.127/2022 dated 23.05.2022 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's husband, viz. Suresh @ Dolphin Suresh, aged 38 years, S/o.Elumalai, who is presently undergoing detention in the Central Prison, Puzhal, Chennai, before this Court and set him at liberty. For Petitioner Mr.D.Prasanna For Respondents Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Made by N.ANAND VENKATESH, J.] The petitioner is the wife of the detenu viz., Suresh @ Dolphin Suresh, aged 38 years, S/o.Elumalai. The detenu has been detained by the 2nd respondent by his order dated 23.05.2022 in BCDFGISSSV No.127/2022, holding him 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 Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority. 2/6

3. The main ground that was urged by the learned counsel for the petitioner is that the detaining authority was aware of the fact that no bail petition has been moved by the detenu and in spite of the same, he had came to the conclusion that there is likelihood of the detenu coming out on bail, by relying upon the orders passed in Crl.M.P.Nos.21605 of 2019 and 6184 of 2018, which are not similar to the ground case.

4. In the present case, there are three adverse cases against the detenu and a ground case and the detenu had not moved any bail petition in the ground case. Insofar as the order passed in Crl.M.P.No.21605 of 2019 is concerned, there were no previous cases against the accused therein and the Court had also took into consideration the fact that the accused had faced incarceration for nearly 43 days. Insofar as the order passed in Crl.M.P.No.6184 of 2018 is concerned, the Court took into consideration the fact that the accused therein had suffered incarceration for nearly 21 days. That apart, the offence for which, the FIR was registered against the accused therein is not similar to the offence that has been registered in the ground case in Crime No.251 of 2022. The detenu did not move any bail petition in one adverse case and also in the ground case and this was also not taken 3/6

into consideration by the detaining authority. The orders that were relied upon by the detaining authority cannot be considered to a similar case. Hence, the detention order suffers from non-application of mind.

5. We have carefully gone through the orders that were relied upon by the detaining authority, which shows that the orders that were relied upon by him, cannot be considered to be similar, which reflects non-application of mind. In the result, the Habeas Corpus Petition is allowed and the order of detention in BCDFGISSSV No.127/2022 dated 23.05.2022, passed by the 2nd respondent, is set aside. The detenu viz., Suresh @ Dolphin Suresh, aged 38 years, S/o.Elumalai, is directed to be released forthwith, unless his detention is required in connection with any other case.

[P.N.P., J.] [N.A.V., J.] 21.12.2022 gya Issue order copy by 22.12.2022 4/6

To The Secretary Home, Prohibition and Excise Department Fort St. George, Chennai 600 009 The Joint Secretary to Government Public, Law and Order Department Secretariat, Chennai-9 The Commissioner of Police Greater Chennai O/o.The Commissioner of Police (Goondas Section) Vepery, Chennai 600 007 The Superintendent of Prison Central Prison, Puzhal Chennai District The Inspector of Police J-7 Velachery Police Station Chennai The Public Prosecutor High Court, Madras 5/6

P.N.PRAKASH, J.

AND N. ANAND VENKATESH, J.

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