S. Karuppasamy v. The District Collector And
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN and THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN H.C.P(MD)No.204 OF 2017 S.Karuppasamy .. Petitioner Vs.
1.State represented by The District Collector and District Magistrate, Tirunelveli District, Tirunelveli-9.
2.The Principal Secretary to Government, Home Prohibition and Excise(xiv) Department, Secretariat, Chennai-9.
3.State represented by, The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus to call for the entire records from the first respondent in M.H.S Confdl. No.08/2017 dated 23.01.2017 by setting aside the said order of detention passed by the first respondent and setting the detenue Chelladurai aged 47 years S/o.Seemaraja, at liberty now detained in the Central Prison, Palayamkottai.
For petitioner : Mr.S.K.Prabhu For Respondents : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor
O R D E R
*********** [Order of the Court was made by M.V.MURALIDARAN, J.] The petitioner is the brother of the detenu - Chelladurai, S/o.Seemaraja, aged about 47 years. The detenu has been detained by the first respondent by his order in M.H.S.Confdl.No.08/2017, dated 23.01.2017, holding him to be a "Sand Offenders", as contemplated under 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 a number of grounds have been raised assailing the order of detention, the learned counsel for the petitioner mainly relies on the contention that the subjective satisfaction expressed by the Detaining Authority regarding the real possibility of the detenu coming out on bail in the ground case is ipse dixit not supported by cogent materials insofar as it does not refer to any similar case particulars.
4.In the remand report, it is stated that apart from the ground case, the detenu has involved in two other similar cases. However, the detaining authority has not furnished any particulars in respect of two other cases and without verifying the same, the detention order has been passed.
5. The learned Additional Public Prosecutor would refute the submissions of the learned counsel for the petitioner.
6. The Detaining Authority, in the grounds of detention, while expressing subjective satisfaction regarding the imminent possibility of the detenu coming out on bail in the ground case made the following observations:- "5. I am aware that Thiru.Chelladurai is in remand in Karivalamvanthanallur Police Station crime number 14/2017 in this case, he filed a bail petition before the Judicial Magistrate, Sankarankovil in CRMP No.231/2017 on 18.01.2017 and the bail petition is yet to be disposed. I am also aware that he is very likely to come out on bail in that case. I am also aware that in a similar case bail has been granted to Manikandan in CRMP No.137/2017 on 12.01.2017 by the Judicial Magistrate, Sankarankovil. I therefore, infer that there is very likely of Thiru.Chelladurai coming out on bail in Karivalamvanthanallur Police Station crime number 14/2017; since bails are granted by the appropriate courts in such cases...".
7. The above said observation, as rightly contended by the learned counsel for the petitioner, shows the pre-determination of mind on the part of the Detaining Authority that the bail petition filed before the High Court will be allowed in any event without even making any reference to the similar cases, in which bail has been granted. On that score alone, the order of detention is liable to be set aside.
8. In the result, the Habeas Corpus Petition is allowed and
this Court sets aside the Order of Detention dated 23.01.2017 made in M.H.S.Confdl.No.08/2017, passed by the first respondent, the District Magistrate and District Collector, Tirunelveli District and directs the release of the detenu, by name Chelladurai, S/o.Seemaraja forthwith, if his continued custody is not authorised in specific cases or by any other detention order. Sd/- Assistant Registrar(Crl. Side) /True Copy/ Sub Assistant Registrar To:
1.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli-9.
2.The Principal Secretary to Government, Home Prohibition and Excise(xiv) Department, Secretariat, Chennai-9.
3.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.
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 M/s.K.PRABHU Advocate in SR. No.57066 NS/RR JS/KP/SAR.2/2.6.2017/3P-7C ORDER MADE IN H.C.P(MD)No.204 of 2017 23.05.2017