Ilayavanan v. State Of Tamilnadu, Represented By

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 Ilayavanan Son of Mani ..

Petitioner v.

1. State of Tamil Nadu represented by the Secretary to Government Department of Home, Prohibition and Excise Secretariat, Fort St.George Chennai 600 009

2. The Commissioner of Police Greater Chennai Office of Commissioner of Police Vepery, Chennai 600 007

3. Superintendent of Police Central Prison, Puzhal Puzhal, Chennai

4. Inspector of Police R-6, Kumaran Nagar Police Station Chennai ..

Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, calling for the records in Memo No.150/BCDFGISSSV/2023 passed by the 2nd respondent on 08.05.2023, on the file of the 2nd respondent and quash the same as illegal and consequently direct the respondents to produce petitioner's son Ganesh Son of Ilayavanan aged about 33 years before this Hon'ble Court, who is now detained in Central Prison, Puzhal and set him at liberty. For Petitioner ::

Mr.A.Elumalai 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 father of the detenu, namely, Ganesh, aged 33 years, S/o Ilayavanan, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 08.05.2023 slapped on his son, 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, this Court is able to see that the detaining authority has passed the detention order against the detenu by referring to the fact that similarly placed accused in Crime No.527 of 2021 and Crime No.81 of 2023 were granted bail by the learned Principal Sessions Judge at Chennai in Crl.M.P.No.19198 of 2021 and Crl.M.P.No.5571 of 2023 respectively. However, it is seen from the booklet furnished to the detenu that the copy of bail order in Crl.M.P.No.5571 of 2023 alone has been furnished, but not the order in Crl.M.P.No.19198 of 2021. Therefore, the subjective satisfaction arrived at by the detaining authority with regard to the real possibility of the detenu coming out on bail suffers from non-application of mind, as the right of the detenu to make an effective representation is denied by non-furnishing of the said vital

document. Hence, the detention order is liable to be quashed.

4. In view of the aforesaid reason, the detention order passed by the 2nd respondent dated 08.05.2023 in Memo No.150/BCDFGISSSV/2023 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Ganesh, S/o Ilayavanan, 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 Department of Home, Prohibition and Excise Fort St.George Chennai 600 009

2. The Commissioner of Police Greater Chennai Vepery Chennai 600 007

3. The Superintendent Central Prison Puzhal, Chennai

4. The Inspector of Police R-6, Kumaran Nagar Police Station Chennai

5. The Public Prosecutor High Court, Madras

S.S.SUNDAR,J.

AND SUNDER MOHAN,J.

ss 30.10.2023