Malliga v. Secy Govt Hped Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2019
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.2184 of 2018 Malliga W/o.Rajendran ... Petitioner -Vs1.The State of Tamil Nadu rep by Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Chennai - 600 007.
3.The Inspector of Police, T-13, Kundrathur Police Station, Chennai.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records relating to the Detention order passed by the 2nd respondent in Memo No.542/BCDFGISSSV/2018 dated 17.07.2018 and to quash the same and direct the respondents to produce the person or body of the detenu Mr.Sankar @ Welding Sankar, S/o.Rajendran, aged about 31 years, before this Hon'ble Court and set him at liberty, now detained at Central Prison, Puzhal, Chennai - 600 066. For Petitioner :
Mr.V.Logeswaran 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 mother of the detenu, namely, Sankar @ Welding Sankar, Son of Rajendran, age 31 years, challenges the impugned order of detention, dated 17.07.2018 in No.542/BCDFGISSSV/2018 detaining her son 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.
T-13 Kundrathur Police Station Crime No.938/2017 341, 294(b), 302 IPC 2.
T-13 Kundrathur Police Station Crime No.791/2018 341, 392, 506(ii) IPC The ground case has been registered against the detenu in Crime No.798/2018 on the file of the Inspector of Police, T-13 Kundrathur Police Station, for offences u/s 341, 294(b), 336, 427, 397 and 506(ii) IPC. The detention order has been passed by second respondent in No.542/BCDFGISSSV/2018 on 17.07.2018.
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 a ground case was registered against him in Cr.No.798/2018 for the offences u/s.341, 294(b), 336, 427, 397 and 506(ii) IPC. Admittedly, the detenu has not moved any bail application in the ground case. 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 No.542/BCDFGISSSV/2018 dated 17.07.2018, passed by the second respondent is set aside. The detenu, namely, Sankar @ Welding Sankar, Son of Rajendran, aged about 31 years, is directed to be released forthwith unless his detention is required in connection with any other case. -s/d- Deputy Registrar True Copy Sub-Assistant Registrar lpp/kmi To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Chennai - 600 007.
3.The Inspector of Police, T-13, Kundrathur Police Station, Chennai.
4. The Public Prosecutor, High Court, Madras.
5. The Superintendent of Central Prison Puzhal, Chennai 66.
+1 CC to Mr.V.Logeswaran, Advocate sr 4362.
H.C.P.No.2184 of 2018 SP(14/02/2019)