Madras High Court
Asha vs The Secretary To Government on 30 June, 2014
Author: V.Dhanapalan
Bench: V.Dhanapalan, G.Chockalingam
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 30.06.2014 CORAM: THE HON'BLE MR.JUSTICE V.DHANAPALAN and THE HON'BLE MR.JUSTICE G.CHOCKALINGAM H.C.P.No.3365 of 2013 Asha ... Petitioner -vs- 1. The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009. 2. The District Collector and District Magistrate, Kancheepuram District, Kancheepuram. ... 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 pertaining to the order of detention passed by the 2nd respondent in BDFGISSV No.146/2013 dated 09.12.2013, set aside the same, direct to produce the detenu Mr.Reeganraj @ Reegan, S/o.Jagannathan @ Mayakrishnan, aged about 32 years, and presently detained in Central Prison, Chennai, before this Court and set him at liberty. For petitioner : Mr.A.D.Jagdish Chandira 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 wife of the detenu. The detenu has been branded as a "Sand Offender" under the Tamil Nadu Act 14 of 1982 and detained under the order of the 2nd respondent passed in No.146/BDFGISSV/2013 dated 09.12.2013.
2. The detenu came to adverse notice in the following cases:-
Sl.No. Police Station and Crime No. Sections of Law
1.
Chengalpattu Taluk Police Station, Crime No.548/2011 147, 294(b), 353, 506(i) IPC r/w 34 IPC
2. Chengalpattu Taluk Police Station, Crime No.11/2013 430, 379 IPC r/w 3(1) of TNPPDL Act
3. Chengalpattu Taluk Police Station, Crime No.32/2013 430, 379 IPC r/w 3(1) of TNPPDL Act
4. Chengalpattu Taluk Police Station, Crime No.153/2013 430, 379 IPC
5. Chengalpattu Taluk Police Station, Crime No.383/2013 430, 379 IPC r/w 21(i) MM Act The ground case alleged against the detenu is one registered on 30.11.2013 by the Sub-Inspector of Police, Chengalpattu Taluk Police Station in Crime No.879/2013 for offences under Sections 430, 379, 353, 307 IPC r/w 3(i) of TNPPDL Act and 21(i) Mines & Minerals Act.
3. Besides several grounds to assail the order of detention, learned counsel for the petitioner focused his arguments on the ground that though the detaining authority placing reliance on the previous similar cases, wherein the detenu was released on bail, would infer that the detenu will come out on bail in the ground case also, the offences involved by the detenu in the previous similar cases are not similar to the offences in the ground case 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:
'5. I am aware that Thiru.Reeganraj @ Reegan was arrested in Crime No.879/2013 on 30.11.2013 by the Inspector of Police, Chengalpattu Taluk Circle and produced before the Judicial Magistrate-II, Chengalpattu on the same day and ordered to be remanded to Judicial custody upto 13.12.2013 and lodged at Sub Jail, Madurantakam as a remand prisoner. He has filed a bail petition in the above case before the Principal District and Sessions Court, Chengalpattu on 07.12.2013 in Crl.M.P.No.4431/2013 and the same is pending before the Court. The above accused released on bail in the following previous similar cases in the respective Courts. i.e., In Chengalpattu Taluk PS Cr.No.32/2013 u/s 430, 379 IPC r/w 3(i) TNPPDL Act in Crl.O.P.No.2060/2013 before the High Court, Chennai on 29.04.2013.
In Chengalpattu Taluk PS Crl.No.153/2013 u/s 430, 379 IPC in Crl.O.P.No.8653/2013 before the High Court, Chennai on 12.04.2013.
If he is released on bail in the above ground case, again he will indulge in the same activities which are prejudicial to the maintenance of public peace and public order. And there is a real possibility of filing a bail petition before any lower court or High Court and being enlarged on bail.
6. A reading of the detention order would show that the detaining authority has placed reliance on two previous similar cases, wherein, bail was granted to the detenu and inferred that there is a possibility of the detenu coming out on bail in the ground case also. The previous similar cases are: one in Crime No.32/2013 for offences under Sections 430, 379 IPC r/w 3(i) of TNPPDL Act and the other in Crime No.153/2013 for offences under Sections 430, 379 IPC. Whereas, in the ground case, a case is registered in Crime No.879/2013 for offences under Sections 430, 379, 353, 307 IPC r/w 3(i) of TNPPDL Act and 21(i) of Mines and Minerals Act. On a comparison of the offences involved in the ground case and the similar cases, it is clear that the offences are not similar and that the offences involved in the ground case, particularly, Sections 307 and 353 are offences against human lives. Therefore, improper application of mind of the detaining authority is apparent in treating the offences as similar to that of one relied on by them. 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 reasons stated herein-above, the impugned detention order cannot be sustained.
7. Accordingly, the impugned detention order passed by the 2nd respondent, detaining the detenu Reeganraj @ Reegan made in No.146/BDFGISSV/2013 dated 09.12.2013 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.
[V.D.P.,J.] [G.C.,J.] 30.06.2014 Index : Yes / No abe To:
1. The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai 600 009.
2. The District Collector and District Magistrate, Kancheepuram District, Kancheepuram.
3. The Public Prosecutor, High Court of Madras, Chennai 600 104.
V.DHANAPALAN,J.
AND G.CHOCKALINGAM,J.
Order in H.C.P.No.3365 of 2013 Dated: 30.06.2014