Saraswathi, W/O.Naika Ramesh, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2483 of 2016 Saraswathi

...Petitioner

Vs

1. State of Tamil Nadu, Rep. By the Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009

2. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007 ....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 30.07.2016 in BCDFGISSSV/811/16 against the petitioner's son by name Mani @ Sarath Kumar, male, aged 23, S/o Naika Ramesh, 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 :

M/S.D.Magesh 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 son Mani @ Sarath Kumar, S/o Naika Ramesh, by the second respondent, vide proceedings BCDFGISSSV/811/16 dated 30.07.2016 .

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 bail applications have been filed in Crl.M.P.Nos.11099/2016, 11996/2016 and 12345/2016 for Cr.No.602/2016 were dismissed and the detaining authority has stated that the relatives of the detenu were taking steps to file bail application 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 application in connection with Cr.No.602/2016.

5. We have considered the above submissions. Admittedly, as on the date of passing of the detention order, bail applications filed by the detenu in Crl.M.P.Nos.11099/2016, 11996/2016 and 12345/2016 for Crime No.602/2016 on the file of H-1 Washermenpet Police Station were dismissed. Though it is alleged that his relatives were taking steps to file an application for bail for the above case, 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 30.07.2016, 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

sts To

1. The Secretary, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009

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

3. The Public Prosecutor, High Court, Chennai.

4. The Joint secretary to Government, Public (Law & Order) Fort.St. George, Chennai-9.

5. The Superintendent, Central Prison, Puzhal, Chennai.

Order in H.C.P.No.2483 of 2016 NM(CO) VR(21/4/2017)