Sugumaran v. State Of Tamil Nadu Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Sugumaran ... Petitioner Vs.
1.State of Tamil Nadu, Rep.by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2.The District Collector and District Magistrate of Vellore District, Vellore.
3.The Superintendent of Police, Vellore District, Vellore.
4.The Inspector of Police, Gudiyatham Town Police Station, Vellore District.
5.The Superintendent, Central Prison, Vellore.
... 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 petitioner's detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 21.04.2023 on the file of the second respondent herein made in proceedings C3. D.O.No.31/2023 and quash the same as illegal and consequently direct the respondents herein to produce the petitioner namely Sugumaran, aged 36 years, son of Gopinath, before this Court and set him at liberty, now the petitioner detained at Central Prison, Vellore.
For Petitioner :
Mr.C.C.Chellappan For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind
O R D E R
(Order of the Court was made by M.S.RAMESH, J.) The petitioner, detenu Sugumaran, S/o.Gopinath, aged 36 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 21.04.2023 slapped on him, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of
Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual 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.In the order of detention, the Detaining Authority has referred to the fact that the relative of the detenu is taking efforts to move bail application to take the detenu on bail. However, this Court is unable to find any material for the conclusion reached by the Detaining Authority that the relative is taking efforts. The report of the Sponsoring Authority does not disclose any such information about the steps being taken. In the absence of any material, this Court finds that the conclusion reached by the Detaining Authority that the relative is taking efforts to move bail application to take the detenu on bail, is without any basis and suffers from non-application of mind.
4.In view of the aforesaid reason, the detention order passed by the 2nd respondent in C3/D.O.No.31/2023, dated 21.04.2023 is hereby set aside
and the Habeas Corpus Petition is allowed. The detenu viz., Sugumaran, S/o.Gopinath, aged 36 years, is directed to be set at liberty forthwith unless he is required in connection with any other case. [M.S.R., J] [S.M., J] 02.01.2024 pvs Internet : Yes Index : Yes / No
To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.
2.The District Collector and District Magistrate of Vellore District, Vellore.
3.The Superintendent of Police, Vellore District, Vellore.
4.The Inspector of Police, Gudiyatham Town Police Station, Vellore District.
5.The Superintendent, Central Prison, Vellore.
6.The Public Prosecutor, High Court, Madras.
M.S.RAMESH , J.
and SUNDER MOHAN, J.
pvs 02.01.2024