Sangeetha v. State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.922 of 2016 Sangeetha

...Petitioner

Vs.

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

2.The District Collector and the District Magistrate Tiruvannamalai Tiruvannamalai District.

..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records in connection with the order of detention passed by the second respondent, in D.O.No.15/2016-C2, dated 12.4.2016, against the detenu, viz., Thiru. Kangan, son of Thangalan, aged about 40 years, who is confined at the Central Prison, Vellore, and to set aside the same and to direct the respondents to produce the detenu before this Court and set him at liberty. For Petitioner : M/s.C. Chellappan For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed by the wife of the detenu, namely, Kangan, son of Thangalan, aged about 40 years, to issue a Writ of Habeas Corpus, to call for the

records, in D.No.15/2016/C-2, dated 12.04.2016, 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 Central Prison, Vellore, and to quash the same and to direct the Respondents to produce the body of the detenu and to 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.5 of the order of detention, that the Sponsoring Authority has filed a Special Report stating that the relatives of the accused Thiru. Kangan are taking steps to release him on bail in the ground case by filing a bail petition before the appropriate court. However, no statements had been recorded from the relatives of the detenu with regard to the claim that they are 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 relatives concerned to substantiate the claim that they are 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 nonapplication 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 12.04.2016, 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 III) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government of TamilNadu, Home, Prohibition & Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and the District Magistrate Tiruvannamalai Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Prison, Vellore.

5.The Joint Secretary to Government, Public (LaW & Order), Fort st. George, Chennai-9.

H.C.P.No.922 of 2016 nm[co] srg 10/12/2016