Bharathi v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2019
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM and THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM H.C.P.No.2712 of 2018 Bharathi W/o.Indhunathan ... Petitioner -Vs1.State of Tamil Nadu Rep. by its Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to call for the entire records, relating to petitioner's friend detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 01.11.2018 on the file of the second respondent herein made in proceedings No.1015/BCDFGISSSV/2018 and quash the same as illegal and consequently direct the respondents herein to produce the said petitioner's friend namely Pandian @ MGR Pandian, son of Munusamy, aged 51 years before this Hon'ble High Court and set the petitioner's friend at liberty from detention, now petitioner's friend detained at Central Prison, Puzhal, Chennai - 600 066.
For Petitioner :
Mr.C.C.Chellappan 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 friend of the detenu, namely,
Pandian @ MGR Pandian, Son of Munusamy, age 51 years, challenges the impugned order of detention, dated 01.11.2018 in No.1015/BCDFGISSSV/2018 detaining her friend as "IMMORAL TRAFFIC OFFENDER", as contemplated under Section 2(g) 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.
Anti Vice Squad-I Crime No.111/2017 4(1) & 5(1)a of ITP Act 2.
Anti Vice Squad-I Crime No.112/2017 3(2)a, 4(1) & 5(1)a of ITP Act 3.
Anti Vice Squad-I Crime No.103/2018 4(1) & 5(1)a of ITP Act The ground case has been registered against the detenu in Crime No.110/2018 on the file of the Inspector of Police, Anti Vice Squad Police Station, for offences 3(2)a, 4(1), 5(1)a, 6(1) & 7
(1) of ITP Act. The detention order has been passed by second respondent in No.1015/BCDFGISSSV/2018 on 01.11.2018.
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 three adverse case has been registered against the detenu and a ground case was registered against him in Cr.No.110/2018 for the offences 3 (2)a, 4(1), 5(1)a, 6(1) & 7(1) of ITP Act. Admittedly, the detenu has moved bail applications in the ground case and also adverse cases and the same are pending before the IV Metropolitan Magistrate Court, Saidapet, Chennai in C.M.P.Nos.1920, 1923, 1924 and 1921 of 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 No.1015/BCDFGISSSV/2018 dated 01.11.2018, passed by the second respondent is set aside. The detenu, namely, Pandian @ MGR Pandian, Son of Munusamy, aged about 51 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 lpp/kmi To 1.The Secretary to the Government, Home, Prohibition & Excise Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007
3. The Public Prosecutor, High Court, Madras.
4. The Superintendent, Central Prison, Puzhal, Chennai 66.
H.C.P.No.2712 of 2018 CSL/13.02.2019