Pottupandi @ Muthupandi v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD)Nos.743, 896, 898 and 907 of 2020 Pottupandi @ Muthupandi ... Petitioner/Detenu in H.C.P.(MD). No.743 of 2020 Arunpandi ... Petitioner/Detenu in H.C.P.(MD).

No.896 of 2020 Malikbatcha ... Petitioner/Detenu in H.C.P.(MD).

No.898 of 2020 Kopparai @ Balasubramanian ...Petitioner/Detenu in H.C.P.(MD). No.907 of 2020 -vs1.The Principal Secretary to Government State of Tamil Nadu Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

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

... Respondents in all H.C.Ps.

Prayer in H.C.P.(MD).No.743 of 2020 : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the Respondent No.2 in No.32/BCDFGISSSV/2020, dated 10.09.2020 and quash the same and direct the respondents to produce the body or person of the detenu by name Pottupandi @ Muthupandi, son of Mariappan, aged about 24 years, now detained as "Goonda" at Madurai Central Prison before this Court and set him at liberty forthwith.

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Prayer in H.C.P.(MD).No.896 of 2020 : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the Respondent No.2 in No.43/BCDFGISSSV/2020, dated 26.09.2020 and quash the same and direct the respondents to produce the body or person of the detenu by name Arunpandi, son of Maduraiveeran, aged about 26 years, now detained as "Goonda" at Madurai Central Prison before this Court and set him at liberty forthwith.

Prayer in H.C.P.(MD).No.898 of 2020 : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the Respondent No.2 in No.37/BCDFGISSSV/2020, dated 19.09.2020 and quash the same and direct the respondents to produce the body or person of the detenu by name Malikbatcha, son of Jawaharlal, aged about 21 years, now detained as "Goonda" at Madurai Central Prison before this Court and set him at liberty forthwith.

Prayer in H.C.P.(MD).No.907 of 2020 : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the Respondent No.2 in No.44//BCDFGISSSV/2020, dated 26.09.2020 and quash the same and direct the respondents to produce the body or person of the detenu by name Kooparai @ Balasubramanan, son of Mahalingam, aged about 25 years, now detained as "Goonda" at Madurai Central Prison before this Court and set him at liberty forthwith.

For Petitioners :

Mr.R.Alagumani For Respondents :

Mr.S.Chandra Sekar Additional Public Prosecutor C O M M O N O R D E R (Order of the Court was made by K.KALYANASUNDARAM, J.) Heard Mr.R.Alagumani, learned counsel for the petitioners and Mr.S.Chandra Sekar, learned Additional Public Prosecutor, for the respondents and perused the materials available on record.

2. These habeas corpus petitions have been filed by the detenus, namely, (i) Pottupandi @ Muthupandi, S/o. Mariappan, aged about years, against the detention order in No.32/BCDFGISSSV/2020, dated 10.09.2020, (ii) Arunpandi, son of Maduraiveeran, aged about 26 years, against the detention order in No.43/BCDFGISSSV/2020, dated 26.09.2020, (iii) Malikbatcha, son of Jawaharlal, aged about 21 years, against the detention order in No.37/BCDFGISSSV/2020, dated 19.09.2020 and (iv) Kooparai @ 2/4

Balasubramanan, son of Mahalingam, aged about 25 years against the detention order in No.44//BCDFGISSSV/2020, dated 26.09.2020, branding them as "Goonda" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

3. Mr.R.Alagumani, learned counsel appearing for the petitioners would argue that the impugned detention orders are liable to be set aside on the sole ground of non-application of mind by the Detaining Authority. It is the contention of the learned counsel for the petitioners that the investigation in the ground case is pending and the same has been referred in the grounds of detention, however, the Detaining Authority, while arriving the subjective satisfaction has relied on the bail order granted to an accused in Crime No.349 of 2017 on the file of the Inspector of Police, Keeraithurai Police Station. In that case, the bail was granted by the Principal Sessions Judge, Madurai on the ground that the investigation is completed and the case was in P.R.C. stage.

4. Per contra, Mr.S.Chandra Sekar, learned Additional Public Prosecutor referring to the counter affidavit filed by the second respondent, would argue that the detention orders have been passed, taking note of the antecedents of the detenus, involvement of the detenus in the grave offences and only to prevent them to involve in similar offences, which are prejudicial to the interest of the public. According to the learned Additional Public Prosecutor, there is no illegality or irregularity in the detention orders warranting interference.

5. The detenus are accused in Crime No.1995 of 2020 on the file of D2 Sellur Police Station, Madurai. In Para - 3 of the grounds of detention, it is stated that the case is under investigation. However, for reaching the subjective satisfaction, the Detaining Authority referred to the order passed in Crl.M.P.No.5588 of 2017, in which, the Principal Sessions Judge, Madurai granted bail to the accused, taking note of the fact that investigation was completed, this shows lack of application of mind on the part of the Detaining Authority. On this ground, the detention orders are liable to be set aside.

6. The Habeas Corpus Petitions are allowed. The orders of detention passed by the second respondent, in No.32/BCDFGISSSV/2020, dated 10.09.2020, No.43/BCDFGISSSV/2020, dated 26.09.2020, No.37/BCDFGISSSV/2020, dated 19.09.2020 and No.44//BCDFGISSSV/2020, dated 26.09.2020, are set aside. Consequently, the detenus viz., (i) Pottupandi @ Muthupandi, S/o. Mariappan, aged about 24 years, (ii) Arunpandi, son of Maduraiveeran, aged about 26 years, (iii) Malikbatcha, son of Jawaharlal, aged about 21 years, (iv) Kooparai @ Balasubramanan, son of Mahalingam, aged about 25 years, who are now detained at Madurai Central Prison, are directed to be released forthwith unless their 3/4

presence or custody or detention is required in connection with any other case.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

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

2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

3.The Superintendent of Prison Madurai Bench of Madras High Court, Madurai.

4. The Joint Secretary to Government, Public (Law &Order) Fort St.Goerge, Chennai 600 009.

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

H.C.P.(MD)Nos.743, 896, 898 and 907 of 2020 21.04.2021 KB(16.06.2021) 4P 6C 4/4