K. Lakshmi, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.BASKARAN H.C.P.No.736 of 2016 K.Lakshmi ..

Petitioner Vs 1.The State of Tamil Nadu, rep by its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

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

.. 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 in his proceedings in C.M.P.No.78/Goonda/2015/M1, dated 22.12.2015, against the petitioner's son Ravi @ Vettai Ravi @ Ravichandran, son of Kumar, aged about 19 years, who is confined at Borstal School and District Jail, Pudukkottai and set aside the same and to direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner : Mr.D.R.Arunkumar For Respondents : Mr.V.M.R.Rajentran, APP

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the son of the detenu, namely, Ravi @ Vettai Ravi @ Ravichandran, son of Kumar, aged about 19 years, to issue a Writ of Habeas Corpus, to call for the records, in C.M.P.No.78/Goonda/2015/M1, dated 22.12.2015, passed by the second respondent, detaining the

detenu, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), branding him as a "Goonda", in the Borstal School and District Jail, Pudukkottai, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.

2. We have heard the learned counsel appearing on behalf of the petitioner, as well as 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, has 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 has been filed by the detenu in Elachipalayam Police Station Crime No.218 of 2015. But it has been stated that the mother of the detenu is taking steps to file a bail application before the appropriate court. It had also been pointed out that no statements had been recorded from the relative of the detenu with regard to the claim that the relative is taking steps to move a bail application, on behalf of the detenu and no such statements had been furnished to the detenu.

4. The said submissions made by the learned counsel appearing on behalf of the petitioner had not been refuted by the learned Additional Public Prosecutor appearing on behalf of the respondents.

5. It is noted from the records available that no statements had been recorded from the relative concerned to substantiate the claim that she is taking steps to move a bail application on behalf of the detenu, to take him out on bail, in the above said cases. 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.

6. Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 22.12.2015, 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 //True Copy// Sub Assistant Registrar vvk To 1.The Secretary to Government, The State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George,Chennai-600 009.

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

3 The Superintendent Borstal School and District Jail Pudukottai (with copies in duplicate for communication to the neteave).

4.The Public Prosecutor, High Court, Madras.

5 The Joint Secretary to Govt., Public (Law & Order) Department Secretariat, Chennai 9 +1cc to Mr.D.R. Arunkumar, Advocate, S.R.No.59192 UG(CO) md(3/11/2016) H.C.P.No.736 of 2016