Vijay v. State Of Tamil Nadu, Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI Vijay ..
Petitioner / S/o.Kabilan Brother of the detenu Vs.
1.
State of Tamil Nadu Rep. By the Secretary Home, Prohibition and Excise Department Fort St.George Chennai - 600 009 2.
The Commissioner of Police Greater Chennai Police Commissioner The Commissioner Office Vepery, Chennai-7 3.
The Superintendent of Police Central Prison, Puzhal Chennai - 66 Page Nos.1/8
4.
The Inspector of Police V6, Kolathur Police Station Chennai ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the entire records relating to the detention order in Memo No.BCDFGISSSV No.374 of 2022 dated 21.10.2022 passed by the second respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondents to produce the petitioner's brother Ajay @ Lasar, son of Kabilan, the detenu, now confined in Central Prison, Puzhal, Chennai before this Court and set the petitioner's brother at liberty.
For Petitioner :
Mr.K.Gunasekaran For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor Assisted by Mr.Sylvester John, Advocate
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by the brother of detenu assailing a 'preventive detention order dated 21.10.2022 bearing reference Memo No.374/BCDFGISSSV/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and Page Nos.2/8
second respondent is the detaining authority as impugned detention order has been made by the second respondent.
2. Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sandoffenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Goonda' within the meaning of Section 2(f) of Act 14 of 1982. 3.There are five adverse cases and one ground case. The ground case which constitutes substantial part of substratum of the impugned preventive detention order is Crime No.401 of 2022 on the file of V-6, Kolathur Police Station for alleged offences under Sections 341, 294(b), 323, 336, 427, 392, 397 and 506 (ii) of 'Indian Penal Code, 1860 (Act 45 of 1860)' ['IPC' for brevity]. Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be detained further by facts.
Page Nos.3/8
4. Mr.K.Gunasekaran, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, assisted by Mr.Sylvester John, Advocate, for all respondents are before us.
5. In the support affidavit qua captioned HCP, very many points have been urged but in the hearing, learned counsel for petitioner predicated his submission on one point and that one point has found favour with us. To be noted, the lone point on which learned counsel predicated his campaign against the impugned preventive detention order turns on subjective satisfaction arrived at by the Detaining Authority qua imminent possibility of the detenu being enlarged on bail.
6. Adverting to the detention order, learned counsel submitted that the aforementioned subjective satisfaction has been arrived at by the Detaining Authority by comparing the ground case with a bail order dated 27.10.2021 in Crl.M.P.No.19198 of 2021 vide Crime No.527 of 2021 on the file of R-6, Kumaran Nagar Police Station ('Ashok's case' for convenience). Ashok's case bail order has been furnished to the detenu as part of the grounds Page Nos.4/8
booklet and we had the benefit of perusing the same. A careful perusal of Ashok's case and more particularly paragraph 5 thereat, makes it clear that Ashok having been involved only in one previous case has weighed in the mind of the learned Sessions Judge in gravitating towards exercising discretion in favour of grant of bail. In complete contradistinction, in the case on hand there are as many as five adverse cases even according to the impugned preventive detention order.
7. Learned Prosecutor in his contra submission submitted that Ashok's case and the ground case are comparable as the offences are broadly akin to each other. We are unable to agree as the parameters and determinants for the discretionary relief of grant of bail have to be compared in a manner that does not lead to comparison of two dissimilar cases. In the case on hand, we find Ashok's case and grounds case are dissimilar owing to reasons delineated supra. This means that the aforementioned subjective satisfaction arrived at by the Detaining Authority is impaired and therefore the impugned preventive detention order deserves to be dislodged. Page Nos.5/8
8. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 21.10.2022 bearing reference 374/BCDFGISSSV /2022 made by the second respondent is set aside and the detenu Thiru.Ajay Lasar, aged 22 years, son of Thiru.Kabilan is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 06.06.2023 Index : Yes Speaking order gpa P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal Page Nos.6/8
To 1.
The Secretary Home, Prohibition and Excise Department Fort St.George Chennai - 600 009 2.
The Commissioner of Police Greater Chennai Police Commissioner The Commissioner Office Vepery, Chennai-7 3.
The Superintendent of Police Central Prison, Puzhal Chennai - 66 4.
The Inspector of Police V6, Kolathur Police Station Chennai 5.
The Public Prosecutor Madras High Court, Chennai Page Nos.7/8
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 06.06.2023 Page Nos.8/8