Kanthammal v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2023
CORAM
THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.2061 of 2022 Kanthammal .. Petitioner /Mother of the Detenu Vs.
1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, State of Tamilnadu, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli-9.
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.201/2022
dated 07.11.2022 and quash the same and direct the respondents to produce the detenu by name Muppidathi alias Marumagan, son of Muppidathi alias Annadurai, aged about 24 years, now detained in Palayamkottai Central Prison before this Court and set him at liberty forthwith. For Petitioner : Mr.K.Prabhu for Mr.K.Jeyamohan 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., Muppidathi alias Marumagan, aged about 24 years, S/o.Muppidathi alias Annadurai. The detenu has been detained by the second respondent by his order in M.H.S.Confdl No.201/2022 dated 07.11.2022 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 Cr.M.P.No.1805/2018 dated 09.04.2018. The learned counsel therefore submitted that the order that was relied upon by the detaining authority was not similar 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. It is further submitted that investigation has been completed in this case and final report has been filed
in S.C.No.488/2023 and the same is pending before the IV Additional District Court, Tirunelveli.
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 Cr.M.P.No.1805/2018 dated 09.04.2018 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 was enlarged on bail since he had no previous antecedents against him. However, in the present case, the detenu was involved in one previous case 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 M.H.S.Confdl No.201/2022 dated 07.11.2022 passed by the second respondent is set aside. The detenu, viz., Muppidathi alias Marumagan, S/o.Muppidathi alias Annadurai, aged about 24 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.) 28.08.2023 NCC : Yes / No Index : Yes / No Lm To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, State of Tamilnadu, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli-9.
3.The Superintendent of Prison, Palayamkottai Central Prison, Tirunelveli District.
4.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.S.RAMESH,J.
and M.NIRMAL KUMAR,J.
Lm H.C.P.(MD)No.2061 of 2022 28.08.2023