Anbu v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.05.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Ms. Justice P.T.ASHA H.C.P. No.2672 of 2019 Anbu ... Petitioner/ Father of Detenue -vs1. The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai - 600 009.
2. The District Collector & District Magistrate, Vellore District, Vellore - 9.
... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to call for the records in connection with the order of Detention passed by the second respondent dated 18.11.2019 in Memo No.C3/D.O.No.125/2019 against the petitioner's son Krishna, male, aged 23 years S/o.Anbu, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before the Court and set him at liberty.
For Petitioner .. Mr.S.Senthilvel For Respondents .. Mr.R.Prathap Kumar, Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the father of Krishna, male, aged 23 years, S/o.Anbu, who is the detenu. The detenu has been detained by the second respondent by his order in Memo No.C3/D.O.No.125/2019 dated 18.11.2019, holding him to be a "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2. We have heard the learned counsel appearing for the
petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
3.The main argument of the learned counsel appearing for the petitioner is that the case relied on by the detaining authority is not similar in nature and the offences in the ground case are totally different. Therefore, the likelihood of the detenu coming out on bail is not there and the subjective satisfaction arrived by the detaining authority is not proper. 4.For appreciating the contentions raised by the learned counsel for the petitioner, the relevant averments in para 5 of the grounds of detention are extracted below: "5.I am aware that Thiru.Krishna was produced before the Judicial Magistrate No.I, Vellore on 23.10.2019 in the ground case in Ariyur Police Station Crime No.368/2019 u/s.294(b), 341, 392, 560(ii) IPC and was remanded to judicial custody and lodged at Central Prison, Vellore as remand prisoner till 05.11.2019.
Further, his remand period was extended upto 19.11.2019. I am aware that Thiru.Krishna has filed a bail application before the Court of the Judicial Magistrate No.I, Vellore in ground case in Ariyur Police Station Crime No.368/2019 u/s 294(b), 341, 392, 506(ii) IPC in Crl.M.P.No.8957/2019 and the same was dismissed on 11.11.2019. As far as the ground case concerned in a similar case registered at Vellore North Crime Police Station Crime No.200/2017 under Section 294(b), 394, 397, 506(i) IPC bail was granted to the accused Thiru.Nandhu @ Nandhakumar by the Court of Principal District Judge, Vellore in Crl.M.P.No.2714/2017 on 07.07.2017. As bails are being granted by courts in such cases, there is most likely that he (Thiru Krishna) may coming out of bail by filing another bail application in the higher court.
If he enlarge himself on bail, he would indulge in further activities which will be prejudicial to the maintenance of public order and public peace.........."
5.From a perusal of the detention order, it is seen that the detaining authority has taken into consideration the similar case registered in Vellore North Crime Police Station Crime No.200/2017 under Sections 294(b), 394, 397, 506(i) IPC and bail was granted to the accused Thiru.Nandhu @ Nandhakumar by the Court of Principal District Judge, Vellore in Crl.M.P.No.2714/2017 on 07.07.2017 and therefore, there is a real possibility of the detenu coming out on bail and indulge in such activities prejudicial to the maintenance of public order.
The similar case relied on by the authority was registered for the offences under Sections 294(b), 394, 397, 506(i) IPC in Vellore North Crime Police Station Crime No.200/2017 whereas the offences involved in the ground case are under Sections 294 (b), 341, 392, 560(ii) IPC. Therefore, there is non-application of mind on the part of the detaining authority in not considering the similar case for arriving at subjective satisfaction. Hence the impugned order of detention is liable to be set aside.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in Memo No.C3/D.O.No.125/2019 dated 18.11.2019, passed by the second respondent is set aside. The detenu, namely, Krishna, male, aged 23 years, S/o.Anbu, is directed to be released forthwith unless his detention is required in connection with any other case.
s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mmi/ms To
1. The Secretary to the Government, Home Prohibition and Excise Dept., Secretariat, Chennai - 600 009.
2. The District Collector & District Magistrate, Vellore District, Vellore - 9.
3. The Public Prosecutor, High Court, Madras.
4. The Secretary to the Government, Public( Law & Order) Fort. st.George, Chennai-9
5. The Superintendent, Central Prison, Vellore.
H.C.P.No.2672 of 2019 BS(08/06/2020) RMP(13/07/2020)