Mubeena, Aged 22 Years v. State Of Tamilnadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.1968 of 2016 Mubeena, W/o Rahamathullah

...Petitioner/Wife of the detenue

Vs

1. State oF Tamil Nadu, Rep. By the Secretary, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009

2. The Commissioner of Police, Greater Chennai, Office of Commissioner of Police (Goondas Section), Vepery, 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 09.08.2016 in BCDFGISSSV No.864/2016 against the husband of the petitioner, detenu Rahamathullah, male, aged 28, S/o Amir Baig, 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.K.Bommuraj For Respondents:

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

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the wife of the detenu Rahamathullah, has come up with this Habeas Corpus Petition, challenging the detention order passed against Rahamathullah by the second

respondent, vide proceedings No.864/BCDFGISSSV/2016 dated 09.08.2016.

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 there was no further bail application pending in Crime Nos.527/2015, 670/2015, 688/2015, 1331/2015, 1550/2015, 1588/2015, 245/2016 and 629/2016 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 case in Crime Nos.527/2015, 670/2015, 688/2015, 1331/2015, 1550/2015, 1588/2015, 245/2016 and 629/2016.

5. We have considered the above submissions. Admittedly, as on the date of passing of the detention order, there was no bail application filed by the detenu seeking bail in Crime Nos.527/2015, 670/2015, 688/2015, 1331/2015, 1550/2015, 1588/2015, 245/2016 and 629/2016 on the file of H-6 R.K.Nagar 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 09.08.2016, 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.

-s/dAssistant Registrar(CSVI) True Copy Sub-Assistant Registrar sts To

1. The Principal Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009

2. The Commissioner of Police, Greater Chennai, Office of Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007

3. The Superintendent Central Prison Puzhal Chennai

4. The Joint Secretary to Government Public Law and Order Fort St.George Chennai-9

5. The Public Prosecutor, High Court, Chennai. H.C.P.No.1968 of 2016 sr(co) aa20/04/2017