Devi, Aged 25 Years v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No. 2035 of 2016 Devi

...Petitioner

Vs

1. The Government of Tamilnadu, Rep. by its Principal Secretary, Home, Prohibition and Excise (XVI) Department, Fort St. George, Chennai - 600 009.

2. The District Collector and District Magistrate, Tiruppur District, Tiruppur.

....Respondents 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 29.08.2016 in Cr.M.P.No.23/Goonda/2016 against the petitioner's husband by name Ramesh, male, aged 30, S/o Palanisamy, who is confined at Central Prison, Coimbatore 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 :

M/s.R. Subhadra Devi For respondents :

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

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner has come up with this Habeas Corpus Petition, challenging the detention order passed against her husband Ramesh, by the second respondent, vide proceedings Cr.M.P.No.23/Goonda/2016 dated 29.08.2016.

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, no bail applications have been filed in Crime Nos.12/2016, 259/2016 and 108/2016 and the detaining authority has stated that the relatives of the detenu were taking steps to file bail applications in the above case, 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 applications seeking bail in connection with the case in Crime Nos.12/2016, 259/2016 and 108/2016.

5. We have considered the above submissions. Admittedly, as on the date of passing of the detention order, no bail applications have been filed by the detenu seeking bail in Crime No. 12/2016 on the file of Uthiyur Police Station, Crime No.259/2016 on the file of Cheyur Police Station and Crime No.108/2016 on the file of Kangayam 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 29.08.2016, 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/d- Assistant Registrar(CS-VIII) True Copy Sub-Assistant Registrar

To

1. The Principal Secretary, The Government of Tamilnadu, Home, Prohibition and Excise (XVI) Department, Fort St. George, Chennai - 600 009.

2. The District Collector and District Magistrate, Tiruppur District, Tiruppur.

3. The Public Prosecutor, High Court, Chennai.

4. The Superintendent, Central Prison Coimbatore

5. The Joint Secretary To Govt Public(Law & Order) Fort.St. George Chennai 9 H.C.P.No.2035 of 2016 PA(CO) sp/25/4