Chitra v. The State Of Tamilnadu Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.Nos.2815, 2983, 2811, 2869 & 2816 of 2024 Chitra ... Petitioner in HCP.2815/2024 Shobana ... Petitioner in HCP.2983/2024 Mariammal ... Petitioner in HCP.2811/2024 Shobha ... Petitioner in HCP.2869/2024 Lilli ... Petitioner in HCP.2816/2024 Vs.
1.The State of Tamil Nadu Rep by its Secretary to Government Home, Prohibition and Excise (XIV) Department Fort St.George, Chennai - 9.
2.The Commissioner of Police Greater Chennai, Vepery Chennai - 7.
3.The Superintendent of Prison Central Prison Puzhal,
Chennai - 600 066.
4. The Inspector of Police, J.5. Shastri Nagar Police Station Chennai.
... Respondents in all the cases PRAYER in HCP.2815/2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records leading to the detention of my husband Sarath @ Shanmugam s/o.Ravi Kumar male aged about 29 years is presently lodged in Central Prison at Puzhal and has been detained under Act 14/82 as a "Goonda" vide detention order dated 08.10.2024 made in BCDFGISSSV No.1028/2024 by the 2nd respondent, The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7 and quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Puzhal.
PRAYER in HCP.2983/2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records leading to the detention of the petitioner's son Santhoshkumar s/o.Ravi male aged about 27 years is presently lodged in Central Prison at Puzhal and has been detained under Act 14/82 as a "Goonda" vide detention order dated 08.10.2024 made in BCDFGISSSV No.1031/2024 by the 2nd respondent, The Commissioner of Police, Greater Chennai,
Vepery, Chennai - 7 and quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Puzhal.
PRAYER in HCP.2811/2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records leading to the detention of the petitioner husband Appu @ Thalapathy s/o.Arokiyadoss male aged about 33 years is presently lodged in Central Prison at Puzhal and has been detained under Act 14/82 as a "Goonda" vide detention order dated 08.10.2024 made in BCDFGISSSV No.1027/2024 by the 2nd respondent, The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7 and quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Puzhal.
PRAYER in HCP.2869/2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records leading to the detention of the petitioner's son Amoss s/o.Yesurathinam male aged about 26 years is presently lodged in Central Prison at Puzhal and has been detained under Act 14/82 as a "Goonda" vide detention order dated 08.10.2024 made in BCDFGISSSV No.1029/2024 by the 2nd respondent, The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7 and quash the same and consequently direct
the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Puzhal.
PRAYER in HCP.2816/2024: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the records leading to the detention of petitioner son Saranraj s/o.Irudayaraj male aged about 28 years is presently lodged in Central Prison at Puzhal and has been detained under Act 14/82 as a "Goonda" vide detention order dated 08.10.2024 made in BCDFGISSSV No.1030/2024 by the 2nd respondent, The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7 and quash the same and consequently direct the respondents herein to produce the body and person of the said detenu before this Court and thereafter set him at liberty from the Central Prison, Puzhal. For Petitioners : Mr.Rajavelu For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The facts in the ground case reveals that the dispute existed between two groups regarding musical performance.
2. The alleged commission of offence seems to be on account of
personal dispute between two groups and therefore, the case can be dealt with by the police authority under the law of the land. Even in case, the bail petition have been filed, the authorities may oppose the same or request the Court concerned to impose stringent conditions. However, in respect of such cases were dispute exist between two groups on account of personal dispute, the question of causing breach of public disorder would not arise.
3. The element of public disorder has been defined by the Apex Court in the Ram Manohar Lohia V. State of Bihar reported in MANU/SC/0054/1965 regular cases are to be dealt with by the police authority by following the procedure and under the provisions of penal laws, invoking the preventive detention law is an exception were the authority is subjectively satisfied that there is likelihood of causing breach of public order. Mere involvement of a person in criminal case or number of criminal cases registered would not constitute a ground for invoking Act 14/1982. For the aforesaid reasons, we are inclined to interfere with the impugned detention order.
4. Accordingly, the detention order passed by the second respondent in proceedings Nos.BCDFGISSSV No.1028/2024, BCDFGISSSV No.1031/2024, BCDFGISSSV No.1027/2024, BCDFGISSSV No.1029/2024 and BCDFGISSSV No.1030/2024 dated 08.10.2024 respectively are hereby set aside and the habeas corpus petitions are allowed. The detenu viz., (i)Sarath @ Shammugam s/o.Ravi Kumar aged 29 years (ii)Santhoshkumar s/o.Ravi aged 27 years (iii)Appu @ Thalapathy s/o.Arokiyadoss aged 33 years (iv)Amoss s/o.Yesurathinam aged 26 years and (v)Saranraj s/o.Irudayaraj aged 28 years, all are now confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless their confinement is required in connection with any other case.
[S.M.S., J.] [M.J.R., J.] 04.12.2024 Index: Yes/No Internet:Yes/No tsh To 1.The State of Tamil Nadu Rep by its Secretary to Government Home, Prohibition and Excise (XIV) Department Fort St.George, Chennai - 9.
2.The Commissioner of Police Greater Chennai, Vepery Chennai - 7.
3.The Superintendent of Prison Central Prison Puzhal, Chennai - 600 066.
4. The Inspector of Police, J.5. Shastri Nagar Police Station Chennai.
5.The Public Prosecutor High Court Madras.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
tsh H.C.P.Nos.2815, 2983, 2811, 2869 & 2816 of 2024
04.12.2024