Madras High Court
S.Ranjitha vs The Secretary To Government on 11 January, 2019
Author: C.T.Selvam
Bench: C.T.Selvam, R.Hemalatha
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2019
CORAM:
THE HONOURABLE Mr. JUSTICE C.T.SELVAM
AND
THE HONOURABLE Mrs. JUSTICE R.HEMALATHA
H.C.P.No.2438 of 2018
S.Ranjitha ... Petitioner
-Vs-
1.The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai - 600 009.
2.The Commissioner of Police,
Greater Chennai. ... Respondents
Petition filed under Article 226 of Constitution of India, to issue a Writ of
Habeas Corpus, call for the records in connection with the order of Detention
passed by the second respondent dated 11.10.2018 in Memo
No.941/BCDFGISSSV/2018, against the petitioner's husband Sabi Batsha, Male,
aged 27 years, S/o.Ibrahim, who is confined at Central Prison, Puzhal, Chennai
and set aside the same and direct the respondents to produce the detenue before
the Honourable Court and set him at liberty.
For Petitioner : Mr.S.Senthilvel
For Respondents : Mr.R.Prathap Kumar
Additional Public Prosecutor
***
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ORDER
[Order of the Court was made by C.T.SELVAM, J.] Challenge is made to the order of detention passed by the second respondent vide Proceedings in 941/BCDFGISSSV/2018 dated 11.10.2018, whereby the detenu, by name, Sabi Batsha, Son of Ibrahim, aged about 27 years, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "GOONDA".
2. The detenu has come to adverse notice in the following case:-
S.No. Police Station & Sections of Law Crime No.
1. V-4, Rajamangalam Police Station 379 IPC Crime No.52/2018
2. K-8, Arumbakkam Police Station 379 IPC Crime No.219/2018
3. K-4, Anna Nagar Police Station 392 IPC Crime No.523/2018
4. K-8, Arumbakkam Police Station 379 IPC Crime No.318/2018
5. K-5 Peravallur Police Station 341, 392 IPC Crime No.762/2018
6. V-3, J.J. Nagar Police Station 392 IPC Crime No.349/2018
7. K-9, Thiru Vi. Ka. Nagar Police Station 392 IPC Crime No.1025/2018
8. K-8, Arumbakkam Police Station 392 IPC Crime No.436/2018 http://www.judis.nic.in 3 The ground case has been registered against the detenu in Cr.No.449/2018 on the file of Inspector of Police, K-8 Arumbakkam Police Station, for offence u/s 341, 294(b), 323, 336, 397 and 506 (ii) IPC. The detention order has been passed by second respondent in 941/BCDFGISSSV/2018.
3. We have heard learned counsel for petitioner and the learned Additional Public Prosecutor appearing for respondents. We have also perused the records produced by the Detaining Authority.
4. Though many grounds have been raised in the petition, the learned counsel appearing for the petitioner, confines his argument only in respect of non- application of mind on the part of the detaining authority in passing the order of detention.
5. Further, the Grounds of Detention would reveal that one adverse case has been registered against the detenu and a ground case was registered against him in Cr.No.449/2018 for offence u/s 341, 294(b), 323, 336, 397 and 506 (ii) IPC. Admittedly, the detenu has not moved any bail application in the ground case as also in the adverse case. Therefore, the probability of release of the detenu imminently does not arise. Hence, we are inclined to set aside the detention order. Though the detaining authority has made reliance on similar case, in which an accused was granted bail, the facts involved in those cases are different. The principle of similarity cannot be applied mechanically. Normally, bails are granted http://www.judis.nic.in 4 based on the facts and circumstances of each case. Therefore, similar case plea, cannot be taken into consideration. Hence, there is no material to substantiate that there is real possibility of the detenu coming out on bail and the said order was passed without application of mind.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in 941/BCDFGISSSV/2018, dated 11.10.2018, passed by the second respondent is set aside. The detenu, namely, Sabi Batsha, son of Ibrahim, aged about 27 years, is directed to be released forthwith unless his detention is required in connection with any other case.
[C.T.S., J .] [R.H.J.]
11.01.2019
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
vsi2
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To:
1.The Secretary to Government,
Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.
2.The Commissioner of Police, Greater Chennai.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Joint Secretary, Public (Law and order) Department, Secretariat, Chennai – 600 009.
5.The Public Prosecutor, High Court, Madras.
http://www.judis.nic.in 6 C.T.SELVAM, J.
and R.HEMALATHA, J.
vsi2 H.C.P.No.2438 of 2018 11.01.2019 http://www.judis.nic.in