Vinu v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.291 of 2023 Vinu .. Petitioner /Detenu Vs.

1.State of Tamil Nadu Represented by the Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

.. Respondents PRAYER: 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 P.D.No.72/2022 dated 28.11.2022 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 Vinu, aged about 22 years, S/o.Wilson, now detained at the Central Prison, Palayamkottai, before this Court and set him at liberty forthwith. For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the detenu viz., Vinu, aged about 22 years, S/o.Wilson. The detenu has been detained by the second respondent by his order in P.D.No.72/2022 dated 28.11.2022 holding him to be a "Sexual Offender", as contemplated under Section 2(ggg) 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 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 Crl.M.P.No.343/2021 dated 30.06.2021. However, the said bail order relied upon by the detaining authority has not been furnished to the detenu in the grounds of detention 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. It is further submitted that investigation has been completed and final report has been filed in Spl.S.C.No.4/2023 and the same is pending before the Special Court for POCSO Act cases, Kanniyakumari.

5. On carefully going through the detention order, it is seen that in Paragraph No.6 of the detention order, a reference has been made to a similar case, wherein, the accused therein was released on bail through

orders passed in Crl.M.P.No.343/2021 dated 30.06.2021 and by relying upon such an order, the detaining authority had come to the conclusion that there is a real possibility of the detenu coming out on bail by filing bail application. Having placed reliance on a similar case, it is incumbent on the part of the detaining authority to furnish the said order, however, the bail order has not been furnished in the grounds of detention and hence, the subjective satisfaction arrived at by the detaining authority may not be proper. Hence, on the sole ground, the impugned detention order is, liable to be quashed.

6. In the result, the Habeas Corpus Petition is allowed and the order of detention in P.D.No.72/2022 dated 28.11.2022 passed by the second respondent is set aside. The detenu, viz., Vinu, S/o.Wilson, aged about 22 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.) 21.07.2023 NCC : Yes / No Index : Yes / No Lm/mbi

To 1.The Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, Kanniyakumari District, Nagercoil.

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

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

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

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm/mbi H.C.P.(MD)No.291 of 2023 21.07.2023