P. Arun Kumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED H.C.P(MD)No.635 of 2018 P.Arun Kumar : Petitioner Vs.

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

2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Dindigul District, Dindigul.

3. The Superintendent of Prison, Central Prison, Madurai.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to call for the entire records in detention order passed in Detention Order No.36/2018, dated 20.04.2018, on the file of the second respondent herein and set aside the same as illegal and direct the respondents to produce the body or person of the petitioner's father, namely, Pandi, S/o.Silukkandi Thevar, aged about 47 years, who is detained in Central Prison, Madurai, before this Court and set him at liberty.

For Petitioner : Mr.G.Karuppasamy Pandian For Respondents : Mr.V.Neelakandan Additional Public Prosecutor.

O R D E R

[Order of the Court was made by C.T.SELVAM, J.] The petitioner is the son of the detenu - Pandi, S/o.Silukkandi Thevar, aged about 47 years The detenu has been detained by the second respondent by his Detention Order in Detention Order No.36/2018, dated 20.04.2018, holding him to be a "Sand Offender", as contemplated under Section of 2(gg) Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor 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 for the petitioner would mainly focus his argument on the ground that the Detaining Authority, while arriving at subjective satisfaction, in Paragraph No.5, has stated that the bail application filed by the petitioner in Cr.M.P.No.1023 of 2018 is pending before the Court of Principal District and Sessions Judge, Dindigul. However, the Detaining Authority has further stated that there is real possibility of the detenu coming out on bail by filing further bail application before the Higher Court, 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.

4. We have considered the above submissions.

5. 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. Recently, this Court had an occasion to deal with a similar issue in H.C.P.[MD].No.190 of 2018, dated 24.04.2018, [Barani @ Baranidharan Vs. The Principal Secretary to Government].

6. Following the decisions, referred to above, the Detention Order, passed by the second respondent, in his proceedings in Detention Order in Detention Order No.36/2018, dated 20.04.2018, is quashed. The detenu, namely, Pandi, S/o.Silukkandi Thevar, aged about 47 years, is ordered to be set at liberty forthwith, if his detention is not required in connection with any other case.

7. In the upshot, we allow the Habeas Corpus Petition. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To

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

2. The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Dindigul District, Dindigul.

3. The Superintendent of Prison, Central Prison, Madurai.

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

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

+1CC to Mr.G.Karuppasamy Pandian, Advocate, SR.No.69949 H.C.P(MD)No.635 of 2018 27.06.2018 NB ES/SKN/RSK/SAR 4/17.07.2018/3P/7C