Raji v. The Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2018
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.2428 of 2018 Raji W/o.Kumaran ... Petitioner -Vs1. The Secretary to the Government, Home Prohibition and Excise Department, Secretariat, Chennai-600 009.
2. Commissioner of Police, Greater 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 connection with the order of Detention passed by the second respondent 07.02.2018 in Memo No.59/BCDFGISSSV/2018 against the petitioner's son of Ramesh, male aged 25 years S/o.Kumaran, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the detenu before this Hon'ble Court and set him at liberty. For Petitioner :
Mr.P.Siva Kumar 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, Ramesh, Son of Kumaran, age 25 years, challenges the impugned order of detention, dated 07.02.2018 in No.59/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.
P-3 Vyasarpadi Police station Crime No.1478/2017 341, 294(b), 324, 506(ii) IPC 341, 294(b), 323, 336, 397, 506(ii) IPC r/w 3 of TNPPDL Act The ground case has been registered against the detenu in Crime No.14/2018 on the file of the Inspector of Police, P-3 Vyasarpadi Police Station for offences u/s 341, 294(b), 336, 397, 506(ii) IPC r/w Section 3 of TNPPDL Act. The detention order has been passed by second respondent in No.59/BCDFGISSSV/2018 on 07.02.2018.
2.
P-3 Vyasarpadi Police Station Crime No.1522/2017
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 2 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.14/2018 for the offences u/s.341, 294(b), 336, 397, 506(ii) IPC r/w Section 3 of TNPPDL Act. Admittedly, the detenu has moved a bail application in the ground case and the same is pending before the Principal Sessions Court, Chennai in Crl.M.P.No.1858/2018 and he has not moved any bail application in the adverse cases. 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.59/BCDFGISSSV/2018 dated
07.02.2018, passed by the second respondent is set aside. The detenu, namely, Ramesh, Son of Kumaran, aged about 25 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 the Government, Home Prohibition and Excise Department, Secretariat, Chennai-600 009.
2. Commissioner of Police, Greater Chennai.
3. The Superintendent, Central Prison, Puzhal, Chennai.
4. The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.
5. The Public Prosecutor High Court, Madras.
+1cc to Mr.K.Shunmugam, Advocate, S.R.No.84802 H.C.P.No.2428 of 2018 CS/07/01/2019