Ananthi, v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2019
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.2479 of 2018 Ananthi ... Petitioner -Vs1. The Secretary to the Government, Government of Tamilnadu, (Home) Prohibition & Excise Department, Fort St.George, Chennai - 600 009.
2. The Commissioner of Police, Salem City.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records connected with the order of the second respondent herein in C.M.P.No.70/Goonda/Salem City/2018, dated 28.09.2018, the detenu namely, Sasikumar, S/o. Venkatesan, aged about 26 years, who is confined at Central Prison, Coimbatore and set aside the same consequently directing the respondents herein to produce the body and person of the detenu before this Hon'ble Court and set him at liberty forthwith. For Petitioner :
Mr.T.Ganesan 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, Sasikumar, Son of Venkatesan, aged 26 years, challenges the impugned order of detention, dated 28.09.2018 in C.M.P.No.70/Goonda/Salem City/2018 detaining her son 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.331/2018 on the file of the Inspector of Police, Hasthampatty Police Station for offences u/s. 302 and 506(ii) IPC. The detention order has been passed by second respondent in C.M.P.No.70/Goonda/Salem City/2018 on 28.09.2018.
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.331/2018 for the offences u/s. 302 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 C.M.P.No.70/Goonda/Salem City/2018 dated 28.09.2018, passed by the second respondent is set aside. The detenu, namely, Sasikumar, Son of Venkatesan, aged about 26 years, is directed to be released forthwith unless his detention is required in connection with any other case. kkn Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Secretary to the Government, Government of Tamilnadu, Home, Prohibition & Excise Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police, Salem City.
3.The Superintendent, Central Prison, Coimbatore.
4.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai - 600 009.
5.The Public Prosecutor High Court, Madras.
+1cc To Mr.T.Ganesan, Advocate, SR.No.4913 H.C.P.No.2479 of 2018 sai kak(21/02/2019)