Ezhilamma, Aged 38 Years v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2411 of 2016 Ezhilamma

...Petitioner

Vs

1. The Inspector of Police, H-1 New Washermenpet Police Station, Chennai -600 021

2. The Commissioner of Police, Vepery, Chennai - 600 007

3. The Secretary to Government, Home Prohibition and Excise Department, Chennai - 600 009

...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 directing the respondents to produce the detenu Suresh @ Hari S/o Mannu @ Gunasekaran, male, aged about 26 years, detained under Act 14 of 1982 vide Order BDFGISSSV No.1026/2016 dated 03.09.2016 and now confined in Central Prison II, Puzhal, Chennai before this Court and set him at liberty forthwith and calling for the records of the second respondent and to set aside the same.

For Petitioner :

Mr. A. Thirumaran For respondents :

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

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the mother of the detenu Suresh @ Hari, S/o Mannu @ Gunasekaran, Male, aged about 26 years has come up with this habeas corpus petition, challenging the detention order passed against Suresh @ Hari by the second respondent, vide proceedings No. BDFGISSSV No.1026/2016 dated 03.09.2016.

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 bail application pending in Crime No.831 of 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 No.831 of 2016.

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 No.831 of 2016, on the file of H.1, Washermenpet 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 03.09.2016, 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/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sr To

1. The Inspector of Police, H-1 New Washermenpet Police Station, Chennai -600 021

2. The Commissioner of Police, Vepery, Chennai - 600 007

3. The Secretary to Government, Home Prohibition and Excise Department, Chennai - 600 009

4. The Superintendent, Central Prison-II, Puzhal,Chennai.

5. The Joint Secretary to Govt, Public(Law & Order) Fort St.George, Chennai-9.

6. The Public Prosecutor, High Court, Chennai. Order in H.C.P.No.2411 of 2016 skv(co) CS/18/05/17