Palaniammal v. State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN AND THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.NO.1132 OF 2016 Palaniammal ... Petitioner Vs.

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

2.The Commissioner of Police Greater Chennai Police Chennai City.

... 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 relating to the detention order passed by the second respondent pertaining to the order made in Memo No.454/2016/BCDFGISSSV/2016 dated 20.04.2016 in detaining the detenu under 2(F) of the Tamil Nadu Act of 1982, as a Goonda and quash the same and direct the respondents to produce the detenu Karthik Son of Mariyappan, aged about 22 years, who is detained at the Central Prison, Puzhal, Chennai - 600 066 before this Court and set him at liberty.

For Petitioner :

Mr.P.Sundararajan For Respondents :

Mr.V.M.R.Rajentren Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.JAICHANDREN, J.] This Habeas Corpus Petition is filed by the mother of the detenu namely, Karthik Son of Mariyappan, aged about 22 years, to

issue a Writ of Habeas Corpus, to call for the records, in Detention Order No.454/BCDFGISSSV/2016 dated 20.04.2016, passed by the second respondent, detaining the detenu, under Section 3(1) of 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) branding him as a "Goonda", who is now detained in the Central Prison, Puzhal, Chennai and to quash the same and to direct the Respondents to produce him before this Court and set him at liberty forthwith.

2. We have heard the learned counsel appearing on behalf of the petitioner and 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, Mr.P.Sundararajan, 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 detention order, that the detenu has not moved any bail application for T-7 Tank Factory Police Station Crime Nos.476/2016, 516/2016 and 575/2016. However, in the detention order, it had been stated that the relatives are taking action to take him out on bail, in T-7 Tank Factory Police Station Crime Nos.476/2016, 516/2016 and 575/2016, 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 bail applications, 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.

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 cases. In such circumstances, we find that there is nonapplication 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 20.04.2016, 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.

TK Sd/- Assistant Registrar (CS VI) /TRUE COPY/ Sub-Assistant Registrar To 1.The Secretary to Government Government of Tamil Nadu Home, Prohibition and Excise Department Fort St. George, Chennai - 600 009.

2.The Commissioner of Police Office of the Commissioner of Police Greater Chennai Police.

3.The Superintendent of Central Prison Puzhal, Chennai.

4.The Joint Secretary to Govt Public Law & Order, Fort Saint George, Chennai-9.

5.The Public Prosecutor High Court of Madras.

H.C.P.NO.1132 OF 2016 MG[CO] MK:30/12/2016