Manikandan S/O Vaithiyalingam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.06.2018

CORAM:

THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED H.C.P.(MD)No.332 of 2018 Manikandan ... Petitioner Vs.

1.The State of Tamil Nadu, represented by the Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai- 600 009.

2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

... Respondents PRAYER: The 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 detention order passed in M.H.S.Confdl No.12/2018, dated 27.02.2018 on the file of the second respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely Manikandan, aged about 26 years, S/o.Vaithiyalingam, now detained at Central Prison, Palayamkottai, before this Court and set him at liberty forthwith. For Petitioner :

Mr.N.Pragalathan For Respondents :

Mr.V.Neelakandan Additional Public Prosecutor

ORDER

(Order of the Court was made by C.T.SELVAM,J.) The petitioner is the detenu - Manikandan, S/o.Vaithiyalingam, aged about 26 years. The detenu has been detained by the second respondent by the impugned Detention Order in M.H.S.Confdl No.12/2018 dated 27.02.2018, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982.

2.Though several grounds have been raised in the Habeas Corpus Petition, learned counsel for petitioner would mainly focus his argument on the ground that the Detaining Authority, while https://hcservices.ecourts.gov.in/hcservices/

arriving at subjective satisfaction, in Paragraph No.6, has stated that there is real possibility for detenue coming out on bail in future by filing bail application as in similar case, bail was granted by the Court concerned, which, according to the learned counsel for the petitioner, shows total non-application of mind on the part of the Detaining Authority, which vitiates the order of detention.

3. We have considered the above submissions.

4. An identical issue was considered by a Division Bench of this Court in T.Chitra Vs. State of Tamil Nadu, reported in 2014 (2) MLJ Crl 72 and the order of detention was set aside on the ground of non-application of mind. Hence, following the said order, the Detention Order, passed by the second respondent, in his proceedings in Detention Order in M.H.S.Confdl No.12/2018, dated 27.02.2018, is quashed. The detenu, namely, Manikandan, S/o.Vaithiyalingam, aged about 26 years, is ordered to be set at liberty forthwith, if his detention is not required in connection with any other case.

5. In the upshot, we allow the Habeas Corpus Petition. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai- 600 009.

2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli.

3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli.

4.The Joint Secretary to Government, Public (Law and Order), Fort.St.George, Chennai - 9.

5.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD)No.332 of 2018 21.06.2018 rj2 RAM/RSK/SAR 2/11.07.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/