Manikandan v. The State Of Tamilnadu Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.8.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.606 of 2016 Manikandan ..... Petitioner Vs 1.The State of TamilNadu Rep. by its Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Chennai Police, Vepery, Chennai-7.

.. 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 made in Memo No.800/BCDFGISSSV/2015 dated 26.08.2015 passed by the Commissioner of Police, Chennai Police, Vepery, Chennai-7, the second respondent herein and set aside the same and direct the respondents to produce the detenu Thiru. Manikandan, son of Murugesan, aged 24 years now confined in Central Prison, Puzhal-II, Chennai before this Hon`ble court and set him at liberty. For Petitioner :

Mr.Daniel Mary For Respondents :

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

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) This Habeas Corpus Petition has been filed, by the detenu, namely, Manikandan, 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.800/2015, dated 26.8.2015 and quash the same and direct the respondents to produce the petitioner by name Manikandan, son of Murugesan, aged 24 years now confined in Central Prison, Puzhal-II, 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, 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 V-3 J.J. Nagar Police Station in Crime No.821/2015. 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 V-3 J.J. Nagar Police Station in Crime No.821/2015, 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 26.08.2015, 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. (S.N.J.,) (V.B.D.J.,) 22.8.2016 kua

S.NAGAMUTHU J., AND V.BHARATHIDASAN, J.

To kua

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

2.The Commissioner of Police, Chennai Police, Vepery, Chennai-7.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.606 of 2016 22.8.2016