Sugandha v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2023
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.803 of 2023 Sugandha .. Petitioner / Wife of Detenu Vs.
1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Chennai - 600 009.
2.The Commissioner of Police, Trichy.
3.The Superintendent, Central Prison, Trichy.
4.The Inspector of Police, Srirangam Police Station, Trichy City.
.. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the entire records pertaining to the order of detention passed by the second respondent vide his proceedings in C.No.184/Detention/C.P/T.C/2022, dated 26.12.2022 and quash the same and consequently set the detenu Vikki @ Ramachandran, S/o. Mani, male, aged 21 years, who is presently confined at Central Prison, Trichy and set him at liberty.
For Petitioner : Mr.M.Pitchai Muthy For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
(Order of the Court was made by M.S.RAMESH,J.) The petitioner is the mother of the detenu viz., Hariharan aged about 25 years, S/o.Sakthivel. The detenu has been detained by the second respondent by his order in P.D.No.156/2022 dated 19.11.2022 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 appearing 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 would mainly focus his argument on the ground that the detaining authority after being aware of the fact that there was no bail application filed by the detenu came to the conclusion that there is a real possibility of the detenu coming out on bail by relying upon the order passed in Crl.M.P.No.4529/2021. The learned counsel therefore submitted that the similar case that was relied upon by the detaining authority was not a similar one and on that score, the detention order is liable to be interfered with.
4. The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing his counter.
5. On carefully going through the detention order, the detaining
authority was aware of the fact that no bail application was filed by the detenu. However, the detaining authority took into consideration the order passed in Crl.M.P.No.4529/2021 dated 23.10.2021 and came to the conclusion that there is a likelihood of the detenu coming out on bail. Perusal of the order shows that the accused therein had been granted the relief of bail on the ground that the investigation is almost over and the offence therein was under Section 3(1)(x) of the SC/ST (PoA) Act among other offences. However, in the present case, the offence is under Section 3(2)(v) of the SC/ST (PoA) Act and hence, the bail order that was relied upon by the detaining authority cannot be considered to be a similar one.
6. In view of the above, the detention order suffers from non application of mind and the same is liable to be interfered with by this Court. The impugned detention order is, therefore, liable to be quashed.
7. In the result, the Habeas Corpus Petition is allowed and the order of detention in P.D.No.156/2022 dated 19.11.2022 passed by the second
respondent is set aside. The detenu, viz., Hariharan S/o.Sakthivel, aged about 25 years, is directed to be released forthwith unless his detention is required in connection with any other case.
(M.S.R.,J.) (M.N.K.,J.) 26.07.2023 NCC : Yes / No Index : Yes / No PNM/RR
To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Chennai - 600 009.
2.The Joint Secretary Public (Law and Order) Secretariat, Chennai.
3.The Commissioner of Police, Trichy.
4.The Superintendent, Central Prison, Trichy.
5.The Inspector of Police, Srirangam Police Station, Trichy City.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.S.RAMESH,J.
and M.NIRMAL KUMAR,J.
PNM/RR H.C.P.(MD)No.803 of 2023 26.07.2023