Vijaya Lakshmi v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.423 of 2016 Vijaya Lakshmi .. Petitioner Vs 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Chennai City .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India,praying to issue a WRIT OF HABEAS CORPUS to call for the records in connection with the order of detention passed by the second respondent dated 22.7.2015 in Memo No.589/BCDFGISSSV/2015 against the petitioner's husband Parthiban, Male, aged 25 years, S/o.Kandan, who is confined at Central Prison, Puzhal II, Chennai and set aside the same and direct the respondents to produce the detenu before this Hon`ble court and set him at liberty.

For Petitioner :

Mr.S.Senthil Vel For Respondents :

Mr.A.N.Thambidurai, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) This Habeas Corpus Petition has been filed, by the wife of detenu, namely, Parthiban, to issue a Writ of Habeas Corpus, to call for the entire records connected with the detention order of the second respondent, in BCDFGISSSV No.589/2015, dated 22.7.2015 and quash the same and direct the respondents to produce the body and person of the petitioner's husband by name

Parthiban, son of Kandan, aged about 25 years detained in Central Prison, Puzhal, Chennai, before this Court and set him at liberty forthwith.

2. We have heard the learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.

3. Though, several grounds have been raised in this Habeas Corpus Petition, Mr.S.Senthil Vel, the learned counsel appearing on behalf of the petitioner, had assailed the impugned detention order mainly on the ground that the detaining authority had stated, in Paragraph No.4 of the order of detention, that no bail application had been moved on behalf of the detenu, in M-1 Madhavaram Police Station Crime No.1580/2014. However, in the detention order, it had been stated that the relatives of the detenu are taking action to take him out on bail, in M-1 Madhavaram Police Station Crime No.1580/2014, by filing bail application before the appropriate Court.

4. It is noted from the records available that, no statements had been recorded from the relatives concerned, to substantiate the claim, that they are taking steps to move bail application, on behalf of the detenu, to take him out on bail, in the above said case. In such circumstances, we find that there is non-application of mind on the part of the detaining authority, in passing the detention order. Therefore, we are inclined to set aside the detention order.

5.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 22.07.2015, 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-V) //True Copy// Sub Assistant Registrar kua

To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Chennai City 3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4. The Joint Secretary to Government, Public (Law and Order), Fort St. George, Chennai.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.423 of 2016 rsy co kra 28.06.2016