Madras High Court
S.Preethi vs The State Of Tamil Nadu on 9 November, 2018
Author: C.T.Selvam
Bench: C.T.Selvam, S.Ramathilagam
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2018
CORAM:
THE HONOURABLE Mr.JUSTICE C.T.SELVAM
and
THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM
H.C.P. No.1592 of 2018
S.Preethi
... Petitioner
-Vs-
1.The State of Tamil Nadu,
rep. By its Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat, Fort St George,
Chennai 600 009.
2.The Commissioner of Police,
Chennai City Police,
Greater Chennai, Commissioner Office,
Vepery, Chennai-600 007.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Habeas Corpus, calling for the records relating to the order of detention
BCDFGISSSV.NO.528/2018 dated, 13/07/2018 passed by the 2nd respondent and
to quash the same and also to direct the detenu Siva @ Muniyappan, M/A 29
years, S/O.Settu, who is presently detained in the Central Prison, Puzhal, Chennai
to be produced before this Hon`ble court and set at liberty.
For Petitioner : Mr.Ilayaraja Kandasamy
For Respondents : Mr.R.Prathap Kumar
Additional Public Prosecutor
http://www.judis.nic.in ***
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ORDER
[Order of the Court was made by C.T.SELVAM, J.] The petitioner, who is the wife of the detenu, namely, Siva @ Muniyappan, Son of Settu, age 29 years, challenges the impugned order of detention, dated 13.07.2018 in No.528/BCDFGISSSV/2018 detaining her husband as "GOONDA", as contemplated under Section 2(f) of the Tamil Nadu Prevention of dangerous activities of Boot leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982).
2. The detenu has come to adverse notice in the following case:-
S.No. Police Station & Crime No. Section of Law
1. Guduvanchery Police station 457 & 380 IPC Crime No.696/2017
2. T-4 Maduravoyal Police Station 457, 380, 511 IPC @ 457 & 380 Crime No.1341/2017 IPC
3. T-4 Maduravoyal Police Station 380 IPC Crime No.401/2018
4. T-4 Maduravoyal Police Station 457 & 380 IPC Crime No.450/2018
5. T-4 Maduravoyal Police Station 457, 380, 511 IPC @ 457, 380 IPC Crime No.517/2018
6. T-4 Maduravoyal Police Station 457 & 380 IPC Crime No.627/2018 The ground case has been registered against the detenu in Crime No.648/2018 on the file of the Inspector of Police, T-4 Maduravoyal Police Station for offences u/s 341, 294(b), 336, 427, 397 & 506(ii) IPC. The detention order has been passed by http://www.judis.nic.in second respondent in No.528/BCDFGISSSV/2018 on 13.07.2018. 3
3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
4. Though several grounds have been raised in the Habeas Corpus 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. The Grounds of Detention would reveal that 6 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.648/2018 for the offences u/s.341, 294(b), 336, 427, 397 & 506(ii) IPC. Admittedly, the detenu has not moved any bail application in the ground 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 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 detenue coming out on bail and the said order was passed without application of mind.
http://www.judis.nic.in 4 C.T.SELVAM, J AND S.RAMATHILAGAM, J., kmi
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in No.528/BCDFGISSSV/2018 dated 13.07.2018, passed by the second respondent is set aside. The detenu, namely, Siva @ Muniyappan, Son of Settu, aged about 29 years, is directed to be released forthwith unless his detention is required in connection with any other case.
[C.T.S., J] [S.R.T., J]
09.11.2018
kmi
To
1. The Secretary to Government,
Home, Prohibition and Excise Department, Secretariat, Fort St George, Chennai 600 009.
2.The Commissioner of Police, Chennai City Police, Greater Chennai, Commissioner Office, Vepery, Chennai-600 007.
3.The Superintendent, Central Prison, Puzhal, Chennai.
4.The Joint Secretary Public (Law and order) Department, Secretariat, Chennai – 600 009.
5.The Public Prosecutor http://www.judis.nic.in High Court, Madras.
H.C.P.No.1592 of 2018