Thiru.John @ Suresh v. The State Of Tamilnadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.133 of 2016 John @ Suresh ..Petitioner/Detenu vs.

1. State of Tamil Nadu Rep. By the Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

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

.. Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ, order or Direction in the nature of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 27.09.2015 in Memo No.1028/2015 against the petitioner/detenu John @ Suresh, male, aged 27, S/o Deenadayalan, who is confined at Central Prison, Puzhal, Chennai and to set aside the same and consequently direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner .. Mr.G.Natarajan For Respondent .. Mr.M.Maharaja, Addl. Public Prosecutor

O R D E R

(The order of the Court was made by S.NAGAMUTHU.,J ) The petitioner/detenu John @ Suresh, has come up with this Habeas Corpus Petition, challenging the detention order passed

against him by the second respondent, vide proceedings Memo No.1028/2015 dated 27.09.2015.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.

3. Though, several grounds were raised in the petition, the learned counsel appearing for the petitioner would mainly focus on the ground that though bail applications were filed in Crl.M.P.Nos.1300/2015, 1298/2015, 1301/2015 and 1299/2015 before the XVII Metropolitan Magistrate Court, Saidapet, Chennai in respect of Crime Nos.1809/2015, 2169/2015, 2404/2015 and 2415/2010 on the file of F-5 Choolaimedu Police Station are pending and there was no further bail application pending as on the date of passing of the detention order by the second respondent and the detaining authority has stated that the relatives of the detenu were taking steps to file bail application, in which case there was real possibility of the detenu coming out on bail. The learned counsel pointed out that to arrive at such a conclusion, there was no material placed before the detaining authority at all.

4. The learned Additional Public Prosecutor would submit that in the Special report submitted by the Inspector of Police, there is a statement to the effect that the relatives of the detenu were taking steps to file bail application seeking bail in connection with the cases in Crime Nos.1809/2015,2169/2015,2404/2015 and 2410/2015. 5.We have considered the above submissions. Admittedly, as on the date of passing of the detention order, there was no application filed by the detenu seeking bail in Crime Nos.1809/2015,2169/2015,2404/2015 and 2410/2015 on the file of F-5 Choolaimedu Police Station. Though it is alleged that his relatives were taking steps to file an application for bail, there were no materials available before the detaining authority, except the report of the Inspector of Police.

Even the report of the Inspector of Police does not spell out as to how he came to know that the relatives were taking steps to file application seeking bail. Full details as to who are those relatives, who were taking steps to file bail application also have not been mentioned. Thus, in our considered view, without making proper application of mind relating to these facts, the detaining authority has passed the detention order. Therefore, we are inclined to set aside the same.

6.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 27.09.2015, passed by thesecond respondent is set aside. The detenu is directed to be released forthwith unless his presence is required in connection with any other case.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar jbm To

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

2. The Commissioner of Police, Greater Chennai.

3. The Public Prosecutor, High Court, Madras.

4. The Superintendent Central prison, Puzhal, Chennai.

5.The Joint Secretary to Government Public (L & O), Fort St.George, Chennai.

+1cc to Mr.G.Nagarajan, Advocate Sr. 46534 Order in H.C.P.No.133 of 2016 SJ(CO) VR(12/06/2017)