Neela v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2019

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P. No.2640 of 2018 Neela ... Petitioner -Vs1.The Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai City, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records connected with the detention order of the second respondent in No.999/BCDFGISSSV/2018 dated 29.10.2018 and quash the same and direct the respondents to produce the body and person of my son namely, Manikandan @ Kakka Manikandan, son of Jayaraman, aged about 29 years detained in Central Prison, Puzhal, Chennai before this Hon'ble Court and set him at liberty forthwith. For Petitioner :

Mr.S.Mohamed Ansar 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, Manikandan @ Kakka Manikandan, Son of Jayaraman, aged 29 years, challenges the impugned order of detention, dated 29.10.2018 in No.999/BCDFGISSSV/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 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.1182/2018 147, 148, 302 r/w 120 (b) IPC The ground case has been registered against the detenu in Crime No.1197/2018 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.999/BCDFGISSSV/2018 on 29.10.2018.

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 1 adverse case has been registered against the detenu and a ground case was registered against him in Cr.No.1197/2018 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 as also in the adverse 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 Memo No.999/BCDFGISSSV/2018 dated 29.10.2018, passed by the first respondent is set aside. The detenu, namely, Mani Kandan @ Kakka Manikandan - S/o.Jayaraman, Son of Joseph, aged about 29 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 kkn To:

1.The Secretary to Government, Home, Prohibition & Excise Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Police, Greater Chennai City, Office of the Commissioner of Police (Goondas Section), Vepery, Chennai - 600 007.

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.

H.C.P.No.2640 of 2018 GMY(28/02/2019)