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Madras High CourtHCP/1409/2016allowed

Sangeetha, v. The Secretary To The Govt.,

2016-12-23Honourable Mr Justice T.Mathivanan,Honourable Mr Justice M. Jaichandren4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.1409 of 2016 Sangeetha .. Petitioner/Wife of Detenue Vs 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, 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 30.6.2016, in BCDFGISSSV No.628/2016, against the husband of the petitioner, detenu, Ayyappan, aged about 24 years, son of Mani, confined in 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, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed, by the wife of the detenu, namely, Ayyappan, aged about 24 years, son of Mani, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to call for the records, in BCDFGISSSV

No.628/2016, dated 30.6.2016, 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, 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 and the learned Additional Public Prosecutor appearing on behalf of the State and we have also perused the records, carefully.

3. Though, several grounds had been raised by the petitioner, while challenging the impugned order of detention, dated 30.6.2016, the learned counsel, appearing on behalf of the petitioner, had submitted that, in paragraph No.4 of the grounds of detention, the detaining authority had stated that in a similar case registered, in E-3 Teynampet Police Station Crime No.1787 of 2015, under Section 392 I.P.C., bail had been granted, by the Court of XVIII Metropolitan Magistrate, Saidapet, Chennai, in Crl.M.P.No.1845 of 2015. However, the copy of the bail order, relating to the said Crime No.1787 of 2015, had not been furnished to the detenu. Hence, the detenu had been prevented from making an effective representation against the impugned order of detention. Thus, the detention order is vitiated and the same is liable to be quashed.

4. The said submission 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. Considering the submissions made by the learned counsels appearing on behalf of the parties concerned, it is found that the detaining authority had relied on the similar case registered, in Crime No.1787 of 2015, on the file of E-3 Teynampet Police Station, wherein bail had been granted to the accused concerned, by the Court of XVIII Metropolitan Magistrate, Saidapet, Chennai, in Crl.M.P.No.1845 of 2015. But, the copy of the bail order, relating to the said case, had not been furnished to the detenu. As such, we find that the non furnishing of the copy of the bail order would prejudice the detenu, in making an effective representation against the impugned order of detention, dated 30.6.2016. Therefore, we are inclined to set aside the impugned detention order. 6.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 30.6.2016, 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/- Asst.Registrar /true copy/ Sub Asst. Registrar vvk To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009 2.The Commissioner of Police, Greater Chennai, Chennai.

3.The superintendent, Central Prison, Puzhal, Chennai.

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

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.1409 of 2016 NRI(CO) GN(20/01/2015)