Madras High Court
Palani @ Raja @ Seizing Raja vs State Of Tamilnadu on 9 June, 2014
Author: V.Dhanapalan
Bench: V.Dhanapalan, G.Chockalingam
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 09.06.2014 CORAM: THE HON'BLE MR.JUSTICE V.DHANAPALAN and THE HON'BLE MR.JUSTICE G.CHOCKALINGAM H.C.P.No.2510 of 2013 Palani @ Raja @ Seizing Raja ... Petitioner -vs- 1. State of Tamilnadu, rep. by its Secretary to Government, Prohibition and Excise Department (Home), Chennai 600 009. 2. The Commissioner of Police, Greater Chennai, Egmore, Chennai 600 008. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus, calling for the records relating to the detenu's detention order passed by the 2nd respondent in Memo No.1080/BDFGISSV/2013 dated 22.09.2013 and set aside the same and produce the detenu, Palani @ Raja @ Seizing Raja, Son of Subbiah, aged about 40 years, now detained in Central Prison, Puzhal, Chennai, before this Court and set him at liberty. For petitioner : Mr.C.C.Chellappan For Respondents : Mr.P.Govindarajan Addl. Public Prosecutor O R D E R
(Order of the Court was made by V.Dhanapalan,J.) The petitioner is the detenu herein and he has branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under order of the 2nd respondent passed in No.1080/BDFGISSV/2013 dated 22.09.2013.
2. The detenu came to adverse notice in the following cases:-
S.No. Police Station and Crime No. Sections of Law
1.
M.5 Ennore Police Station Crime No.1880/2013 379 IPC 2. M.5 Ennore Police Station Crime No.1890/2013 392 IPC 3. M.5 Ennore Police Station Crime No.1914/2013 341, 294(b), 336, 427, 392 r/w 397 and 506(ii) IPC 4. M.6 Manali Police Station Crime No.1100/2013 379 IPC 5 M.6 Manali Police Station Crime No.1214/2013 379 IPC 6 M.6 Manali Police Station Crime No.1240/2013 341, 294(b), 336, 427, 392 r/w 397 and 506(ii) IPC 7
M.7 Manali New Town Police Station, Crime No.795/2013 392 IPC 8 M.7 Manali New Town Police Station, Crime No.802/2013 341, 294(b), 336, 427, 392 r/w 397 and 506(ii) IPC 9 M.7 Sathangadu Police Station Crime No.1542/2013 379 IPC 10 M.8 Sathangadu Police Station Crime No.1560/2013 379 IPC 11 M.8 Sathangadu Police Station Crime No.1521/2013 392 IPC 12 M.8 Sathangadu Police Station Crime No.1555/2013 392 IPC The ground case alleged against the detenu is one registered on 10.09.2013 by the Inspector of Police, Crime, M.8 Sathangadu Police Station in Crime No.1571/2013 for offences under Sections 341, 294(b), 336, 427, 392 r/w 397 and 506(ii) IPC.
3. Besides several grounds to assail the order of detention, learned counsel for the petitioner focussed his arguments on the ground that though the detaining authority arrived at the subjective satisfaction that there is a likelihood of the detenu coming out on bail in respect of Crime Nos.1542/2013, 1560/2013, 1521/2013 and 1555/2013 by filing bail applications before the appropriate court, there is no cogent material to support the decision of the detaining authority and therefore, on this sole ground, the detention order is liable to be quashed.
4. We have heard the learned Additional Public Prosecutor on the above submission.
5. For better appreciation of the case, relevant portion of the detention order is extracted hereunder:
''4. ...The sponsoring authority has stated that the relatives of Thiru.Palani @ Raja @ Seizing Raja are taking action to take him on bail in M.8 Sathangadu Police Station in Crime Nos.1542/2013, 1560/2013, 1521/2013 and 1555/2013 before the Court. ....
6. A reading of the detention order shows that the detaining authority has arrived at a subjective satisfaction that the relatives of the detenu are taking action to bail out the detenu in Crime Nos.1542/2013, 1560/2013, 1521/2013 and 1555/2013 by filing bail applications before the appropriate court. It is true that the detaining authority is empowered to take a decision if there is material to support the possibility of the detenu coming out on bail. But, on verification of the material documents, it is seen that no cogent material is available to support the decision of the detaining authority. The same, which amounts to infringement of right ensured under Article 22(5) of the Constitution of India, vitiates the order of detention. Thus, for the reason stated hereinabove, the impugned detention order cannot be sustained.
7. Accordingly, the impugned detention order passed by the 2nd respondent, detaining the detenu Palani @ Raja @ Seizing Raja made in No.1080/BDFGISSV/2013 dated 22.09.2013 is quashed and the Habeas Corpus Petition is allowed. The above named detenu is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.
8. However, it is made clear that this order shall not preclude the authorities concerned to effectively contest the matter before the Regular Court, uninfluenced by the above order. It is also made clear that this order shall not confer any right or advantage whatsoever to the detenu to claim anything before the Regular Court.
[V.D.P.,J.] [G.C.,J.]
09.06.2014
Index : Yes
Internet : Yes
abe
To:
1. The Secretary,
State of Tamilnadu,
Prohibition and Excise Department (Home),
Chennai 600 009.
2. The Commissioner of Police,
Greater Chennai,
Egmore, Chennai 600 008.
3. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
V.DHANAPALAN,J.
AND
G.CHOCKALINGAM,J.
abe
Order in
H.C.P.No.2510 of 2013
Dated: 09.06.2014