Vijayakumar v. Secy Govt Dped Ch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2018

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.2255 of 2018 Vijayakumar ... Petitioner -Vs1.The State of Tamil Nadu Rep. By its Secretary to Government, Department of Prohibition & Excise (Home), Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Chennai City Police, Greater Chennai, Commissioner Office, Vepery, Chennai - 600 007.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the records in No.843/BCDFGISSSV/2018 dated 17.09.2018 on the file of second respondent herein and set aside the same as illegal and produce the detenue Suresh @ Play boy suresh, son of Vijayakumar, aged about 27 years, who is confined at Central Prison, Puzhal, Chennai, before this Honourable court set him at liberty.

For Petitioner :

Mr.Ilayaraja Kandasamy 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 father of the detenu, namely, Suresh @ Playboy Suresh, Son of Vijayakumar, age 27 years, challenges the impugned order of detention, dated 17.09.2018 in No.843/BCDFGISSSV/2018 detaining him as "GOONDA", as contemplated under Section 2(f) of the Tamil Nadu Prevention of dangerous activities of Boot leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982).

2. The ground case has been registered against the detenu in Crime No.426/2018 on the file of the Inspector of Police, K-2 Ayanavaram Police Station for offences u/s 147, 158, 341, 353, 332, 307, 302, 336, 506(ii) IPC & Section 20 of Arms Act 1959. The detention order has been passed by second respondent in Memo No.843/BCDFGISSSV/2018 on 17.09.2018.

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 a ground case was registered against him in Cr.No.426/2018 for the offences 147, 148, 341, 353, 332, 307, 302, 336, 506(ii) IPC & Section 20 of Arms Act 1959. Admittedly, the detenu has not moved any bail application for K2 Ayanavaram Police Station Crime No.426/2018. 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 Memo No.843/BCDFGISSSV/2018 dated 17.09.2018, passed by the second respondent is set aside. The detenu, namely, Sureseh @ Playboy Suresh, Son of Vijayakumar, aged about 27 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar pds To:

1.The Secretary to the Government, Department of Prohibition & Excise (Home), Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, Chennai City Police, Greater Chennai, Commissioner Office, Vepery, Chennai - 600 007.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai 4.The Joint Secretary to Government, Public (Law and order) Department, Secretariat, Chennai - 600 009.

5.The Public Prosecutor High Court, Madras.

H.C.P.No.2255 of 2018 sv(co) ssm(28/12/18)