Madras High Court
Deepa vs The Secretary To Government on 13 September, 2019
Author: M.M.Sundresh
Bench: M.M.Sundresh
HCP No 1185 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH
and
The Hon'ble Mr. Justice RMT. TEEKAA RAMAN
H.C.P. No. 1185 of 2019
Deepa ... Petitioner
-vs-
1.The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai – 9.
2.The District Collector & District Magistrate
Vellore District,
Vellore - 9. ... Respondents
Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Habeas Corpus calling for the records in connection with
the order of detention passed by the second respondent dated
14.06.2019 in C3/D.O.No.56/2019 against the petitioner's husband
Naveen Kumar @ John, Male, aged 30 years, S/o. Chandiran, who is
confined at Central Prison, Vellore and set aside the same and direct
the respondents to produce the detenu before this Court and set him
at liberty.
For Petitioner : Mr.D.Balaji
For Respondents Mr.R.Prathap Kumar
:
Addl. Public Prosecutor
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HCP No 1185 of 2019
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the wife of the detenu Naveen Kumar @ John, S/o. Chandiran,male, aged 30 years. The detenu has been detained by the second respondent by his order in C3/D.O.No.56/2019, dt.
14.06.2019 holding to be a "Sand Offender", as contemplated under Section 2(gg) 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.The main argument of the learned counsel appearing for the petitioner is that the case relied on by the detaining authority is not similar in nature and the offences in the ground case are totally different. Therefore, the likelihood of the detenu coming out on bail is not there and the subjective satisfaction arrived by the detaining authority is not proper.
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4.For appreciating the contentions raised by the learned counsel for the petitioner, the relevant averments in para 5 of the grounds of detention are extracted below:
"5.I am aware that Thiru Naveenkumar @ John was produced before the District Munsif-cum-Judicial Magistrate, Ranipet on 27.05.2019 in the ground case in Ranipet Police Station Crime No.325/2019 u/s 294(b), 353, 379, 430, 506(ii), 307 IPC r/w Section 3 (3) of Tamil Nadu Property (Prevention of Damage and Loss) Act 1992 @ 294(b), 353, 379, 430, 506(ii), 307 IPC r/w Section 3(3) Tamil Nadu Property (Prevention of Damage and Loss)Act 1992 r/w Section 21(5), Mines and Minerals (Development and Regulation) Act 1957 and was remanded to judicial custody and lodged at Central Prison, Vellore as remand prisoner till 10.06.2019. Further remand was extended upto 24.06.2019.
I am aware that Thiru. Naveenkumar @ John has filed a bail application before the Court of Principal Sessions Judge, Vellore in ground case in Ranipet Police Station Crime No.325/2019 u/s 294 (b), 353, 379, 430, 506(ii), 307 IPC r/w Section 3(3) Tamil Nadu Property (Prevention of Damage and Loss) Act 1992 @ 294(b), 353, 379, 430, 506(ii), 307 IPC r/w Section 3(3) Tamil Nadu Property (Prevention of Damage and Loss) Act 1992 r/w Section 21(5) Mines and Minerals (Development and Regulation) Act 1957. In Crl.M.P.N. 2720/2019 and the Page 3 of 7 http://www.judis.nic.in HCP No 1185 of 2019 same was pending in the Court. As far as the ground case concerned, in a similar case registered at Sipcot Police Station Crime No.222/2017, u/s 379, 430, 341, 353, 307 IPC r/w Section 21(1) Mines and Minerals (Development and Regulation) Act 1957 bail was granted to the accused Thiru. Vasu by the Court of Principal Sessions Judge, Vellore in Crl.M.P.No.2854/2017 on 27.07.2019. As bails are being granted by courts in such cases, there is real possibility that he (Thiru. Naveenkumar @ John) coming out of bail, by pending above bail application in the Court. If he enlarge himself on bail he would indulge in further activities which will be prejudicial to the maintenance of public order. ........"
5.From a perusal of the detention order, it is seen that the detaining authority has taken into consideration in a similar case registered at Sipcot Police Station Crime No.222/2017, u/s 379, 430, 341, 353, 307 IPC r/w Section 21(1) Mines and Minerals (Development and Regulation) Act 1957 bail was granted to the accued Thiru. Vasu by the Court of Principal Sessions Judge, Vellore in Crl.M.P.No.2854/2017 on 27.07.2019 and therefore, there is a real possibility of the detenu coming out on bail and indulge in such activities prejudicial to the maintenance of public order. The similar case relied on by the authority was registered for the offences under Page 4 of 7 http://www.judis.nic.in HCP No 1185 of 2019 Sections 379, 430, 341, 353, 307 IPC r/w Section 21(1) Mines and Minerals (Development and Regulation) Act 1957 whereas the offences involved in the ground case are u/s 294(b), 353, 379, 430, 506(ii), 307 IPC r/w Section 3 (3) of Tamil Nadu Property (Prevention of Damage and Loss) Act 1992 @ 294(b), 353, 379, 430, 506(ii), 307 IPC r/w Section 3(3) Tamil Nadu Property (Prevention of Damage and Loss)Act 1992 r/w Section 21(5), Mines and Minerals (Development and Regulation) Act 1957. Therefore, there is non-application of mind on the part of the detaining authority in not considering the similar case for arriving at subjective satisfaction. Hence the impugned order of detention is liable to be set aside.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in C3/D.O.No.56/2019, dated 14.06.2019, passed by the second respondent is set aside. The detenu, Naveen Kumar @ John, S/o. Chandiran, male, aged 30 years, is directed to be released forthwith unless his detention is required in connection with any other case.
(M.M.S.,J.) (T.K.R.,J.) 13.09.2019 Index : Yes / No mmi/ssm Page 5 of 7 http://www.judis.nic.in HCP No 1185 of 2019 To
1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 9.
2.The District Collector & District Magistrate Vellore District, Vellore - 9.
3.The Superintendent of Prison, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
Page 6 of 7http://www.judis.nic.in HCP No 1185 of 2019 M.M.SUNDRESH, J.
and RMT. TEEKAA RAMAN, J.
(ssm) H.C.P. No. 1185 of 2019 13.09.2019 Page 7 of 7 http://www.judis.nic.in