Ganesan @ Arai Ganesan v. State Of Tamilnadu Rep. By The Additional Chief Secretery To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 18.10.2023
CORAM
THE HONOURABLE MR . JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.1430/2023 Ganesan @ Arai Ganesan ..
Petitioner
Versus
1.The State of Tamil Nadu rep.by the Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St George, Chennai 600 009.
2.The Commissioner of Police The Greater Chennai City, Vepery, Chennai 600 007.
3.The Superintendent of Prison Central Prison, Puzhal, Chennai 600 066.
4.The Inspector of Police J9 Thuraipakkam Police Station Chennai.
..
Respondents
Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus calling for the records relating to the detention order in Memo No.146/BCDFGISSSV/2023 dated 08.05.2023 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the detenu Ganesan @ Arai Ganesan, S/o.Mahendran aged about 42 years the detenu now confined in Central Prison, Puzhal, Chennai before this Court and set him at liberty.
For Petitioner :
Mr.K.S.Santhosh For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind
ORDER
[Order of the Court was made by S.S.SUNDAR, J.] (1)The petitioner, detenu herein, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 08.05.2023 slapped on him, branding him as "Goonda" under 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].
(2)Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
(3)Though several grounds are raised in the petition, the learned counsel for the petitioner contended that the bail order in the similar case relied on by the Detaining Authority to arrive at the subjective satisfaction that the detenu is likely to be released on bail in the ground case, was obtained during COVID-19 situation and that placing reliance on such order shows the non-application of mind on the part of the Detaining Authority. (4)From a perusal of the Grounds of Detention, it is seen that the Detaining Authority had relied upon the order of bail in a similar case in Crl.MP.No.10485/2021 passed by the learned Principal Sessions Judge, Chennai. However, it is seen that the bail order in the similar case was obtained during COVID-19 situation and the bail was granted with a specific reference to COVID-19. It is in the said circumstances, this Court finds that the subjective satisfaction arrived at by the Detaining Authority to hold that the detenu is likely to be released on bail, suffers from non-application of mind.
(5)The Hon'ble Supreme Court, in the case of Rekha Vs. State of Tamil Nadu through Secretary to Government and Another reported in 2011 [5] SCC 244, has considered a case where it is stated that in the grounds
of detention that relatives of detenu are taking action to take him on bail in the criminal case in which the detenu was in remand and that in similar cases, bail was granted by Courts. Since no details had been given about the alleged similar cases in which bail was allegedly granted by the Court concerned, it is held by Hon'ble Supreme Court that in the absence of details, the statement which is mere ipse dixit, cannot be relied upon and that itself is sufficient to vitiate the detention order. When the subjective satisfaction was irrational or there was non-application of mind, the Hon'ble Supreme Court held that the order of detention is liable to be quashed. It is relevant to extract paragraphs No.10 and 11 of the said judgment of the Hon'ble Supreme Court:- ''10.
practice of most courts that if a co-accused has been granted bail and his case is on the same footing as that of the petitioner, then the petitioner is ordinarily granted bail. However, the respondent authority should have given details about the alleged bail order in similar cases, which has not been done in the present case. A mere ipse dixit statement in the grounds of detention cannot sustain the detention order and has to be ignored.
11. In our opinion, the detention order in question only contains ipse dixit regarding the alleged imminent possibility of the accused coming out on bail and there was no reliable material to this effect. Hence, the detention order in question cannot be sustained.'' (6)In the instant case, the Detaining Authority has arrived at the subjective satisfaction that the detenu is likely to be released on bail by referring to a bail order granted in similar case in Crl.MP.No.10485/2021. From the reading of the said bail order it is seen that the bail was granted only by taking note of COVID-19 situation and therefore, the subjective satisfaction of the Detaining Authority that the detenu is likely to be
released on bail in the ground case, suffers from non-application of mind. Hence, on the above ground, the Detention Order is liable to be quashed.
(7) In view of the aforesaid reasons, the detention order passed by the 2nd respondent dated 08.05.2023 in /BCDFGISSSV No.146/2023 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Ganesan @ Arai Ganesan, S/o.Mahendran aged about 42 years, is directed to be set at liberty forthwith unless he is required in connection with any other case.
[S.S.S.R., J.] [S.M, J.] 18.10.2023 AP
To 1.The Additional Chief Secretary to Government State of Tamil Nadu Home, Prohibition and Excise Department Fort St George, Chennai 600 009.
2.The Commissioner of Police The Greater Chennai City, Vepery, Chennai 600 007.
3.The Superintendent of Prison Central Prison, Puzhal, Chennai 600 066.
4.The Inspector of Police J9 Thuraipakkam Police Station Chennai.
5.The Public Prosecutor High Court, Madras.
S.S.SUNDAR, J., AND SUNDER MOHAN, J., AP H.C.P.No.1430/2023 18.10.2023