Senthamarai v. The State Of Tamil Andu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2023 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Senthamarai ... Petitioner Vs.
1.The State of Tamil Nadu, Represented by the Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Police, Salem City, Salem District.
3.The Superintendent, Central Prison, Salem, Salem District.
4.The Inspector of Police, Sooramangalam All Women Police Station, Sooramangalam, Salem District.
... Respondents
Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus to call for the entire records relating to impugned Detention order in CMP.No.43/Sexual Offender/Salem City/2023 dated 15.05.2023 passed by the 2nd respondent herein and quash the same and to direct the 4th respondent herein to produce the body of the detenu being S.Arulkumar, S/o.Sekar, aged about 23 years, resident of No.13/85, Adi Dravidar Colony, Thekkampatti, Salem, Salem District before this Court, now confined in Central Prison, Salem and set him at liberty forthwith.
For Petitioner :
Mr.Secular S.Arunkumar For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Aravind C.
O R D E R
(Order of the Court was made by S.S. SUNDAR, J.) The petitioner, mother of the detenu S.Arulkumar, S/o.Sekar, aged about 23 years, has come forward with this petition challenging the detention order passed by the 2nd respondent, dated 15.05.2023, slapped on her son, branding him as "Sexual Offender" under 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]. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.Though several grounds are raised in the petition, the learned counsel for the petitioner pointed out that the Detaining Authority has not applied his mind while expressing his subjective satisfaction that the detenu is also likely to be released on bail. It is his submission that the case relied upon by the Detaining Authority in Crl.M.P.No.221 of 2020, dated 02.06.2020, is not similar to the present case, as the bail was granted in favour of the accused therein only by referring to Covid-19 pandemic. 4.On a perusal of Page No.91 of the Booklet, this Court finds that the bail order passed in the case relied upon by the Detaining Authority, in Crl.M.P.No.221 of 2020, dated 02.06.2020, is not similar to the case on hand, since the accused therein was released on bail mainly by citing
Covid-19. Therefore, this Court finds that the subjective satisfaction of the Detaining Authority is irrational and the detention order is liable to quashed on the ground of non-application of mind.
5.The Hon'ble Supreme Court, in the case of Rekha Vs. State of Tamil Nadu through Secretary to Government and Another reported in 2011 [5] SCC 244, has dealt with a situation where the Detention Order is passed without an application of mind. In case any of the reasons stated in the order of detention is non-existent or a material information is wrongly assumed, that will vitiate the Detention Order. In the instant case, the Detaining Authority has arrived at the subjective satisfaction that the detenu is likely to be released on bail by referring to a bail order granted to the accused in a similar case, wherein, the said bail was granted mainly by citing Covid-19 Pandemic. Therefore, the subjective satisfaction of the Detaining Authority that the detenu is likely to be released on bail suffers from nonapplication of mind. When the subjective satisfaction was irrational or there was non-application of mind, the Hon'ble Supreme Court held that the order of detention is liable to be quashed. It is relevant to extract paragraphs
No.10 and 11 of the said judgment of the Hon'ble Supreme Court:- "10.In our opinion, if details are given by the respondent authority about the alleged bail orders in similar cases mentioning the date of the orders, the bail application number, whether the bail order was passed in respect of the co-accused in the same case, and whether the case of the co-accused was on the same footing as the case of the petitioner, then, of course, it could be argued that there is likelihood of the accused being released on bail, because it is the normal practice of most courts that if a co-accused has been granted bail and his case is on the same footing as that of the petitioner, then the petitioner is ordinarily granted bail. However, the respondent authority should have given details about the alleged bail order in similar cases, which has not been done in the present case. A mere ipse dixit statement in the grounds of detention cannot sustain the detention order and has to be ignored.
11.In our opinion, the detention order in
question only contains ipse dixit regarding the alleged imminent possibility of the accused coming out on bail and there was no reliable material to this effect. Hence, the detention order in question cannot be sustained.''
6.In view of the ratio laid down by the Hon'ble Supreme Court and in view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.
7.In view of the aforesaid reason, the detention order passed by the 2nd respondent in CMP.No.43/Sexual Offender/Salem City/2023, dated 15.05.2023, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., S.Arulkumar, S/o.Sekar, aged about 23 years, is directed to be set at liberty forthwith unless he is required in connection with any other case.
(S.S.S.R., J.) (S.M., J.) 15.11.2023 mkn Internet : Yes
Index : Yes / No To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Police, Salem City, Salem District.
3.The Superintendent, Central Prison, Salem, Salem District.
4.The Inspector of Police, Sooramangalam All Women Police Station, Sooramangalam, Salem District.
5.The Public Prosecutor, High Court, Madras.
S.S. SUNDAR , J.
and SUNDER MOHAN, J.
mkn 15.11.2023