P.Perumal, v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.114 of 2017 P.Perumal ... Petitioner -vs1.The Principal Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai-600009.
2.The District Magistrate and District Collector, Office of the District Collector, Dindigul District, Dindigul.
3.The Superintendent of Prison, Madurai Central Prison, Madurai.
... 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 of the respondent No.2 in detention order No.40 of 2016 dated 17.11.2016 and quash the same as illegal and direct the respondents to produce the detenu by name Pandi, son of Perumal, aged about 41 years, now detained in Madurai Central Prison before this Court and set him at liberty forthwith.
For Petitioner : Mr.I.Sabeer Mohamed For Respondents : Mr.C.Ramesh Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the father of the detenu, namely, Pandi, son of Perumal, Male, aged about 41 years. The detenu has been detained by the second respondent by his Detention Order No.40/2016, dated 17.11.2016, 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 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, confines his argument only in respect of nonapplication of mind on the part of the detaining authority in passing the order of detention.
4. The learned counsel appearing for the petitioner would submit that there is a non-application of mind on the part of the detaining authority. He further submitted that admittedly the detenu has not filed any bail application before any Court so far, and in paragraph 5 of the detention order the detaining authority has also stated that the detenu has not filed any bail application before any Court. Since the detenu has not filed any bail application, the inference that there is a real possibility of the detenu coming out on bail by filing bail application before the same or higher Court.
5. Per contra, the learned Additional Public Prosecutor while reiterating the averments in the counter affidavit would submit that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner.
6. Considering the submissions made on both sides, we are of the view that there is a non-application of mind on the part of the detaining authority in passing the order, as submitted by the counsel for the petition. In such view of the matter, the impugned detention order is liable to be quashed.
7. In the result, the Habeas Corpus Petition is allowed and the order of detention in No.40/2016, dated 17.11.2016, passed by the second respondent is set aside. The detenu, namely, Pandi, son of Perumal, aged about 41 years, is directed to be released forthwith unless his detention is required in connection with any other case.
Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar
To
1. The Principal Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St. George, Chennai-600009.
2.The District Magistrate and District Collector, Office of the District Collector, Dindigul District, Dindigul.
3.The Superintendent of Prison, Madurai Central Prison, Madurai.
4.The Joint Secretary to Government, Public (Law and Order), Fort Saint George, Chennai -9 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
TA/vsg RL/6C/3P/JC/SAR1/3/8/2017 H.C.P.(MD) No.114 of 2017 20.07.2017