V. Subramani v. The Additional Chief Secretary To Govenment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2023
CORAM
THE HON'BLE DR JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1287 of 2022 V.Subramani .. Petitioner Vs.
1.The Additional Chief Secretary of Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
2.The District Collector and District Magistrate, Tenkasi, Tenkasi District.
3.The Superintendent of Prison, Central Prison, Palayamkottai.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records in pursuant to the
proceedings of the second respondent in Detention Order in M.H.S.Confdl No.66/2022, dated 13.06.2022 quash the same and consequently direct the respondents to produce the detenu, namely Muthukumar @ Chainkumar, S/o.Velusamy, aged 35 years who is now detained in Central Prison, Palayamkottai before this Court and set him at liberty. For Petitioner :Mr.S.Kasirajan For Respondents :Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
DR G.JAYACHANDRAN,J.
and K.K.RAMAKRISHNAN ,J.
This habeas corpus petition is filed by the brother of the detenu to quash the detention order on the ground that the detaining authority has not applied his mind while arrive at subjective satisfaction that there is mere possibility of getting bail and if the detenu released on bail, it will cause disturbance to the public peace.
2. The learned counsel appearing for the petitioner would submit that on 25.05.2022 the detenu was arrested in a ground case in Cr.No.178 of
2022 for an offence under Section 394 IPC. Citing the bail order granted to one Pitchaimuthu under Section 167(2) Cr.P.C., the detaining authority has concluded that the petitioner will also likely to get bail. According to the learned counsel for the petitioner, in this case, investigation has been completed and final report was filed on 23.06.2023 which has been taken on file in C.C.No.255 of 2022 by the learned Judicial Magistrate, Tenkasi and therefore, there is no possibility of getting bail on default.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that at the time of slapping the detention order, final report was not filed and therefore, possibility of getting bail was imminent.
4. This Court, on perusing the records, finds that there is one adverse case against the petitioner registered in the year 2019 for the offences under Sections 147, 148, 364(A), 394, 397 and 506(ii) IPC. Since case referred by the detaining authority were bail was granted is not a similar case, this Court finds that the detention order suffers non-application of mind.
5. In fine, the Habeas Corpus Petition is allowed. The detention order passed in M.H.S.Confdl No.66/2022, dated 13.06.2022, by the 2nd respondent, is set aside. Consequently, the detenu viz., Muthukumar alias Chainkumar, S/o.Velusamy, aged about 35 years, who is now detained in Central Prison, Palayamkottai, is directed to be released forthwith, unless his presence or custody or detention is required in connection with any other case.
(G.J.,J.) (K.K.R.K.,J.) 20.02.2023 Index:Yes/No Internet:Yes/No NCC :Yes/No am
To 1.The Additional Chief Secretary of Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
2.The District Collector and District Magistrate, Tenkasi, Tenkasi District.
3.The Superintendent of Prison, Central Prison, Palayamkottai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
DR. G.JAYACHANDRAN,J.
and K.K.RAMAKRISHNAN ,J.
am ORDER MADE IN H.C.P.(MD)No.1287 of 2022 20.02.2023