D. Prabakaran, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1060 of 2016 D.Prabakaran .. Petitioner Vs 1.The Principal Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai-600 066.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records of the second respondent in memo No.108/BCDFGISSSV/2016, dated 15.2.2016 and to set aside the same and to set the detenu Arunkumar @ Arjunan, son of Durairaj, now confined in the Central Prison, Puzhal, Chennai-600 066, at liberty.

For Petitioner : Mr.N.Kannan For Respondents : Mr.V.M.R.Rajentran, APP

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the brother of

the detenu, namely, Arunkumar @ Arjunan, aged about 23 years, son of Durairaj, to issue a Writ of Habeas Corpus, to call for the records, in No.108/BCDFGISSSV/2016, dated 15.2.2016, passed by the second respondent, detaining the detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), branding him as a "Goonda", in the Central Prison, Puzhal, Chennai, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.

2. We have heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing for the State and we have also perused the records, carefully.

3. Though several grounds have been raised in this Habeas Corpus Petition, the learned counsel appearing on behalf of the petitioner, has assailed the impugned detention order mainly on the ground that the detaining authority had stated, in paragraph No.4 of the order of detention, that the detenu Arunkumar @ Arjunan is in remand in V.3 J.J. Nagar Police Station Crime Nos.40/2016 and 41/2016 and that he has not moved any bail application in respect of the said crime numbers. It had been further stated in the order of detention that the relatives of the detenu are taking steps to take him out on bail, in V-3 J.J. Nagar Police Station Crime Nos.40/2016 and 41/2016, by filing bail applications before the appropriate Court. It had also been pointed out that no statements had been recorded from the relatives of the detenu with regard to the claim that they are taking steps to move a bail application, on behalf of the detenu and no such statements had been furnished to the detenu.

4. The said submissions made by the learned counsel appearing on behalf of the petitioner had not been refuted by the learned Additional Public Prosecutor appearing on behalf of the respondents.

5. It is noted from the records available that no statements had been recorded from the relatives concerned to substantiate the claim that they are taking steps to move bail applications on behalf of the detenu, to take him out on bail, in the above said crime numbers, namely, in Crime Nos.40/2016 and 41/2016, on the file of the V-3 J.J. Nagar Police Station. In such circumstances, we find that there is non application of mind on the part of the detaining authority, in passing the detention order. Therefore, we are inclined to set aside the detention order.

6. Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 15.2.2016, passed by the second

respondent is set aside. The detenu is directed to be released, forthwith, unless his presence is required in connection with any other case.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vvk To 1.The Principal Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

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

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai-600 066.

4.The Joint Secretary to Government Public (Law & Order) Fort st.George, Chennai-9 5.The Public Prosecutor, High Court, Madras.

H.C.P.No.1060 of 2016 ug(co) pmk.27.1.2017