Chermadurai v. The Prinicipal 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.224 of 2017 Chermadurai ... Petitioner -vs1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600009.

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

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

... 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 M.H.S.Confdl No.16/2017 dated 02.02.2017 and quash the same and direct the respondents to produce the body or person of the detenu by name Chermadurai, son of Kumaresan, aged about 23 years, now detained at Palayamkottai Central Prison before this Court and set him at liberty forthwith.

For Petitioner : Mr.R.Alagumani 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 detenu, namely, Chermadurai, son of Kumaresan, Male, aged about 23 years. The detenu has been detained by the second respondent in M.H.S.Confdl No.16/2017, dated 02.02.2017, holding him to be a "Goonda", as contemplated under

Section 2(f) 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 in none of the adverse cases as well as the ground case the detenu has filed any bail application. However, the detaining authority has passed the detention order holding that there is a real possibility of the detenu coming out on bail.

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 petitioner. 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 M.H.S.Confdl No.16/2017, dated 02.02.2017, passed by the second respondent is set aside. The detenu, namely, Chermadurai, son of Kumaresan, Male, aged about 23 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 of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600009.

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

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

4.The Joint Secretary To Government of Tamil Nadu, Public (Law and Order) Department, Fort Saint George, Chennai-9 5.The Additional Public Prosecutor, Madurai Bench of Madras of High Court, Madurai.

TA/vsg RL/6C/3P/JC/SAR1/3/8/2017 H.C.P.(MD) No.224 of 2017 20.07.2017