Vennila v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.1236 of 2016 Vennila .. Petitioner /Wife of Detenue Vs 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Chennai Police, Chennai.

.. 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 in connection with the order of detention passed by the second respondent, dated 21.4.2016 in BCDFGISSSV No.455/2016 against the husband of the petitioner Rajathi @ Elamparithi, son of Baskar, aged about 31 years, who is confined at the Central Prison, Puzhal, Chennai and to set aside the same and consequently, to direct the respondents to produce the detenu before this court and to set him at liberty.

For Petitioner : Mr.K.S.Kaviarasu For Respondents : Mr.V.M.R.Rajentran, APP

ORDER

This Habeas Corpus Petition has been filed by the wife of the detenu, namely, Rajathi @ Ilamparithi, aged about 31 years, son of Baskar, to issue a Writ of Habeas Corpus, to call for the records, in No.455/BCDFGISSSV/2016, dated 21.4.2016, 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 to 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 Rajathi @ Ilamparithi is in remand in P-1 Pulianthope Police Station Crime Nos.978/2015, 982/2015, 301/2016 and 345/2016 and that he has not filed bail applications, for the said cases, so far. It has been further stated in the order of detention that the relatives of the detenu are taking steps to take him out on bail, in P-1 Pulianthope Police Station Crime Nos.978/2015, 982/2015, 301/2016 and 345/2016, 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 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 cases, namely, P-1 Pulianthope Police Station Crime Nos.978/2015, 982/2015, 301/2016 and 345/2016. 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 21.4.2016, 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 //True Copy// Sub Assistant Registrar vvk To 1.The Secretary to Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George,Chennai-600 009.

2.The Commissioner of Police, Chennai Police, Chennai.

3.The Superintendent, Central Prison, Puzhal.

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

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.1236 of 2016 pvs(CO) rs(06/01/2017)