R.Vasanthi v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2019

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P. No.2487 of 2018 R.Vasanthi Ravichandran @ Tailor Ravi @ Ravi ... Petitioner -Vs1.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai-7 2.The Government of Tamilnadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

... 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 order of detention in No.926/BCDFGISSSV/2018 dated, 10.10.2018 passed by the first respondent and to quash the same and also to direct the detenu Ravichandran @ Tailor Ravi @ Ravi, son of Singaram, aged 58 years, who is presently detained in the Central Prison, Puzhal, Chennai to be produced before this Hon`ble court and set him at liberty.

For Petitioner :

Mr.B.Shruthan 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 detenu, namely, Ravichandran @ Tailor Ravi @ Ravi, Son of Singaram aged 58 years, challenges the impugned order of detention in No.926/ BCDFGISSSV/2018 dated

10.10.2018 detaining him 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, Slumgrabbers 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.

Anti Vice Squad-1 P.S.

Cr.No.41/2017 3(2)a, 4(1), 5(1)a, 6(1) and 7(1) of IPC Act Anti Vice Squad-1 P.S.

Cr.No.35/2017 3(2)a, 4(1) and 5(1)a, of IPC Act Anti Vice Squad-1 P.S.

Cr.No.102/2017 4(1) and 5(1)a of IPC Act The ground case has been registered against the detenu in Crime No.106/2018 on the file of the Inspector of Police, Anti Vice Squad Police Station, for the offences punishable u/s 3(2)a, 4 (1), 5(1)a, 6(1) and 7(1) of ITP Act. The detention order has been passed by second respondent in No.926/ BCDFGISSSV /2018 dated 10.10.2018.

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 3 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.106/2018 for the offences punishable u/s. 3(2)a, 4(1), 5(1)a, 6(1) and 7(1) of ITP Act. Admittedly, the detenu has moved bail application in the ground case and the same was dismissed on 08.10.2018 by the IV Metropolitan Magistrate (FAC), Saidapet, in Crl.M.P.No.1813/2018. Therefore, the probability of release of the detenu imminently does not arise. 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.926/ BCDFGISSSV /2018 dated 10.10.2017, passed by the first respondent is set aside. The detenu, namely, Ravichandran @ Tailor Ravi @ Ravi, Son of Singaram, aged about 58 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 mst To:

1.The Secretary, Home, Prohibition and Excise Department, Secretariat, Chennai 600 009.

2.The Commissioner of Police, Greater Chennai, O/o the Commissioner of Police(Goondas Section), Vepery, Chennai-7.

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.B.Shuruthan, Advocate Sr.2185 H.C.P.No.2487 of 2018 srg 11/02/2019