P.Priya v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.199 of 2023 P.Priya .. Petitioner / Mother of Detenu Vs.

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

2.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

3.The Superintendent, Central Prison,Trichy.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the entire records pertaining to the impuguned detention order passed by the second respondent in C.No.

187/Detention/C.P.O/T.C/2022, dated 31.12.2022, quash the same and direct the respondents to produce the body of the detenue namely P.Karthik, S/o.Palanivel, aged about 28 years, now detained at Central Prison, Tiruchirapalli and set him at liberty.

For Petitioner : Mr.V.Sasikumar for Mr. K.Gnanasekaran For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the mother of the detenu viz., P.Karthik aged about 28 years, S/o.Palanivel. The detenu has been detained by the second respondent by his order in C.No.187/Detention/C.P.O/T.C/2022, dated 31.12.2022 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3. Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that the detaining authority after being aware of the fact that the earlier bail application filed by the detenu was dismissed and again there was no bail application filed by the detenu came to the conclusion that there is a real possibility of the detenu coming out on bail by relying upon the order passed in Cr.M.P.No.5372/2021 dated 26.11.2021. The learned counsel therefore submitted that the order that was relied upon by the detaining authority was not similar and the accused therein was granted bail on the ground that co-accused was already granted bail and major part of the investigation was over and on that score, the detention order is liable to be interfered with.

4. The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing his counter.

5. On carefully going through the detention order, the detaining authority was aware of the fact that no bail application was filed by the detenu. However, the detaining authority took into consideration the order passed in Cr.M.P.No.5372/2021 dated 26.11.2021 and came to the conclusion that there is a likelihood of the detenu coming out on bail. Perusal of the order shows that the accused therein was granted bail on the ground that substantial part of the investigation was over and the co-accused had already been granted bail and hence, the bail order that was relied upon by the detaining authority cannot be considered to be a similar one.

6. In view of the above, the detention order suffers from non application of mind and the same is liable to be interfered with by this Court. The impugned detention order is, therefore, liable to be quashed.

7. In the result, the Habeas Corpus Petition is allowed and the order of detention in C.No.187/Detention/C.P.O/T.C/2022, dated 31.12.2022 passed by the second respondent is set aside. The detenu, viz., P.Karthik S/o,Palanivel aged about 28 years, is directed to be released forthwith unless his detention is required in connection with any other case. (M.S.R.,J.) (M.N.K.,J.) 26.07.2023 NCC : Yes / No Index : Yes / No PNM/RR To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The Joint Secretary Public (Law and Order) Secretariat, Chennai.

3.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

4.The Superintendent, Central Prison, Trichy.

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

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

PNM/RR H.C.P.(MD)No.199 of 2023 26.07.2023