← Library
Madras High CourtHCP(MD)/1312/2014allowed

Appu @ Vetriselvan v. The Secretary To Government

2015-03-03Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice A. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MS.JUSTICE V.M.VELUMANI HABEAS CORPUS PETITION(MD)No.1312 of 2014 Appu @ Vetriselvan ..Petitioner Vs.

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

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

3.The Superintendent of Prison, Trichy Central Prison, Trichy District.

..Respondents Prayer:- Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus praying to call for entire records connected with the detention order of the respondent No.2 in C.O.C.No.17 of 2014, dated 17.09.2014 and quash the same and direct the respondents to produce the body or person of the detenu by name Appu @ Vetriselvan, Son of Saminathan, aged about 27 years, now detained in Trichy Central Prison before this Court and set him at liberty forthwith and pass such further or other orders. For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Ramar, Additional Public Prosecutor.

ORDER

(Order of the Court was made by A.SELVAM, J) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to detention order passed in C.O.C.No.17 of 2014, dated 17.09.2014 by the detaining authority, who has been arrayed as second respondent herein against the detenu by name Appu @ Vetriselvan, Son of Saminathan and quash the same and thereby set him at liberty forthwith.

2. The Inspector of Police, Kottur Police Station as sponsoring authority has submitted an affidavit to the detaining authority, wherein it is stated that the detenu has involved in the following adverse cases: (i) Crime No.426 of 2009 Mannargudi Police Station registered under Sections 457 and 380 of the Indian Penal Code. (ii) Crime No.342 of 2013 Kottur Police Station registered under Section 392 of the Indian Penal Code.

(iii) Crime No.354 of 2013 Kottur Police Station registered under Sections 457 and 380 of the Indian Penal Code. (iv) Crime No.42 of 2014 Kottur Police Station registered under Sections 457 and 392 of the Indian Penal Code. (v) Crime No.66 of 2014 Kottur Police Station registered under Sections 457 and 380 of the Indian Penal Code.

3. Further it is stated in the affidavit that on 18.04.2014 one Raguraman as complainant has given a complaint in Kottur Police Station against the detenu and the same has been registered in Crime No.41 of 2014 under Sections 457 and 380 of the Indian Penal Code and ultimately requested the detaining authority to invoke Act 14 of 1982 against the detenu.

4. The detaining authority after considering the averments made in the affidavit coupled with other connected documents has derived subjective satisfaction to the effect that the detenu is a habitual offender and thereby branded him as 'Goonda' by way of passing the impugned detention order and in order to quash the same, the present Habeas Corpus Petition has been filed by the detenu himself as petitioner.

5. On the side of the respondents a detailed counter has been filed, wherein it has been contended to the effect that all the averments made in the petition are false and ultimately prayed to dismiss the same.

6. The learned counsel appearing for the petitioner has contended that on the side of the detenu a representation has been submitted and the same has not been disposed of without delay and therefore the detention order in question is liable to be quashed.

7. The learned Additional Public Prosecutor has contended that the representation submitted on the side of the detenu has been duly considered and disposed of without delay and therefore the detention order in question does not call for any interference.

8. On the side of the respondents, a proforma has been submitted wherein it has been clearly stated that in between Column Nos.7 to 9, five clear working days are available and in between Column Nos.12 and 13, five clear working days are available and no explanation has been given on the side of the respondents with regard to huge delay and that itself would affect the rights of the detenu guaranteed under Article 22

(5) of the Constitution of India and therefore the detention order in question is liable to be quashed.

9. In fine, this Habeas Corpus Petition is allowed and the detention order dated 17.09.2014 passed in C.O.C.N.17 of 2014 by the second respondent/detaining authority is quashed and consequently the respondents are directed to set the detenu viz., Appu @ Vetriselvan, Son of Saminathan at liberty forthwith, unless he is required to be incarcerated in connection with any other case. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar

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

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

3.The Superintendent of Prison, Trichy Central Prison, Trichy District.

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

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

+1CC to M/s.R.Alagumani, Advocate in SR.10309 H.C.P(MD)No.1312 of 2014 03.03.2015 ps PBK 06/03/2015 ::3P-7C: