Madras High Court
M.Sasikala vs The State Of Tamil Nadu on 11 October, 2018
Bench: M.M.Sundresh, N.Sathish Kumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.10.2018
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P(MD)No.1090 of 2018
M.Sasikala : Petitioner
Vs.
1.The State of Tamil Nadu,
rep by Principal Secretary to Government,
Home, Prohibition and Excise Department,
Fort St. George,
Chennai-600 009.
2.The District Collector and District Magistrate,
Tirunelveli District,
Tirunelveli.
3.The Superintendent,
Central Prison,
Palayamkottai.
4.The Inspector of Police,
Pathamadai Police Station,
pathamadai,
Tirunelveli District. : Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India praying
to issue a Writ of Habeas Corpus, to call for the records relating to the
Detention Order passed by the 2nd respondent in Detention Order in
M.H.S.Confdl.No.63/2018 dated 06.07.2018 and quash the same and direct the
respondents to produce the body or person of the petitioner's husband, the
detenu, Muthuselvam, aged 38 years, son of Pandaram, before this Court and
set him at libery, now detained at Cenral Prison, Palayamkottai.
!For Petitioner : Mr.S.Mahendrapathy
^For Respondents : Mr.K.Dinesh Babu
Additional Public Prosecutor
:ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the wife of the detenu - Muthuselvam, aged about 38 years, S/o.Pandaram. The detenu has been detained by the second respondent by his Detention Order in M.H.S.Confld.No.63/2018, dated 06.07.2018, holding him to be a "Goonda", as contemplated under Section of 2(f) Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
2. Though the detention order is sought to be assailed on several grounds, the learned counsel for the petitioner mainly relies on the contention that in the ground case, the bail application filed by the detenu in Cr.M.P.No.3751 of 2018 was dismissed on 06.07.2018 by the Sessions Court, Tirunelveli, but, still the detaining authority expressed subjective satisfaction that there was a real possibility of the detenu coming out on bail in the ground case and the said subjective satisfaction is nothing but ipse dixit not supported by cogent materials.
3. In elaboration of the said contention, the learned counsel for the petitioner submits that the subjective satisfaction regarding the real possibility of the detenu coming out on bail in a case, wherein the bail application filed by the detenu was dismissed, cannot be based on any other case in respect of other persons and that the very fact that no bail application is pending will negate the imminent possibility of the detenu coming out on bail, subject to an exception that a co-accused in the very same case placed under similar circumstances has been released on bail.
4. The submissions made by the learned Additional Public Prosecutor in reply to the above said contentions raised by the learned counsel for the petitioner are also heard.
5. As rightly contended by the learned counsel for the petitioner, the Detaining Authority referred to the fact that the bail application filed by the detenu was dismissed in the ground case, namely, Crime No.89 of 2018, registered on the file of Pathamadai Police Station. However, the Detaining Authority proceeded further to express a subjective satisfaction that there was real possibility of the detenu coming out on bail by filing a bail application. Such subjective satisfaction arrived at by the Detaining Authority shows total non-application of mind. Thus, on this sole ground alone, the impugned detention order is liable to be set aside.
6. In the result, the Detention Order, passed by the second respondent, in his proceedings in Detention Order in M.H.S.Confld.No.63/18, dated 06.07.2018, is quashed. The detenu, namely, Muthuselvam, aged about 38 years, S/o.Pandaram, is ordered to be set at liberty forthwith, if his detention is not required in connection with any other case.
7. The Habeas Corpus Petition shall stand allowed.
To
1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.
2.The District Collector and District Magistrate, Tirunelveli District, Tirunelveli.
3.The Superintendent, Central Prison, Palayamkottai.
4.The Inspector of Police, Pathamadai Police Station, Pathamadai, Tirunelveli District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.