V.Krishnaveni v. Secy To Govt Hped Ch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2018

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.2149 of 2018 V.Krishnaveni ... Petitioner -VsThe State represented by its

1. The Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St George, Chennai 600 009.

2.The District Magistrate and District Collector, Salem District, Salem.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records of pertaining to the order of detention dated 07.09.2018 passed by the 2nd respondent in C.M.P.No.30/GOONDA/C2/2018 and quash the same and produce the detenu Venkatesh, aged about 30 years, Son of Thanthoni before this Court and set him at liberty and the detenu now has been confined at Central Prison, Salem. For Petitioner :

Mr.Dr.S.Manoharan For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor ***

ORDER

[Order of the Court was made by C.T.SELVAM, J] The petitioner, who is the wife of the detenu, namely, Venkatesh, Son of Thanthoni, age 30 years, challenges the impugned order of detention, dated 07.09.2018 in C.M.P.No.30/GOONDA/C2/2018 detaining her husband as "GOONDA", as contemplated under Section 2(f) of 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 14/1982).

2. The detenu has come to adverse notice in the following case:- S.No. Police Station & Crime No.

Section of Law 1.

Vazhapadi Police station, Crime No.36/2018 174(3) Cr.P.C (Suspicious death)@ 302 IPC @ 302, 147, 148, 341, 201 IPC The ground case has been registered against the detenu in Crime No.278/2018 on the file of the Inspector of Police, Vazhapadi Police Station for offences u/s 392 r/w 394 IPC. The detention order has been passed by second respondent in C.M.P.No.30/GOONDA/C2/2018 on 07.09.2018.

3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

4. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner, confines his argument only in respect of nonapplication of mind on the part of the detaining authority in passing the order of detention.

5. The Grounds of Detention would reveal that one adverse case has been registered against the detenu and a ground case was registered against him in Cr.No.278/2018 for the offences u/s.392 r/w 394 IPC. Admittedly, the detenu has moved bail application in the ground case and the same was dismissed on 21.08.2018 by the Judicial Magistrate, Vazhapadi, Chennai in C.M.P.No.1886/2018. Therefore, the probability of release of the detenu imminently does not arise. Hence, we are inclined to set aside the detention order. Though the detaining authority has made reliance on similar case, in which an accused was granted bail, the facts involved in those cases are different. The principle of similarity cannot be applied mechanically. Normally, bails are granted based on the facts and circumstances of each case. Therefore, similar case plea, cannot be taken into consideration.

Hence, there is no material to substantiate that there is real possibility of the detenue coming out on bail and the said order was passed without application of mind.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in C.M.P.No.30/GOONDA/C2/2018 dated 07.09.2018, passed by the second respondent is set aside. The detenu, namely, Venkatesh, Son of Thanthoni, aged about 30 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar kmi To:

1.The Secretary to Government, Home, Prohibition and Excise Department, Government of Tamil Nadu, Fort St George, Chennai 600 009.

2.The District Magistrate and District Collector, Salem District, Salem.

3.The Superintendent, Central Prison, Salem.

4.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.2149 of 2018 rrs 24/01/2019