Madras High Court
Siva Alias Jeevanantham vs The State Of Tamil Nadu on 2 September, 2008
Author: M.Sathyanarayanan
Bench: D.Murugesan, M.Sathyanarayanan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02/09/2008
CORAM
THE HONOURABLE Mr. JUSTICE D.MURUGESAN
AND
THE HONOURABLE Mr. JUSTICE M.SATHYANARAYANAN
Habeas Corpus Petition (MD)No.241 of 2008
Siva alias Jeevanantham ... Petitioner
Vs
1. The State of Tamil Nadu
rep. by its Secretary
to Government
Prohibition and Excise
Department
Fort St. George
Chennai 600 009.
2. The District Magistrate and
District Collector
Pudukottai. ... Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution
of India praying to call for the records relating to the detention order passed
by the second respondent in P.D.O.No.11 of 2008 dated 4/3/2008 and quash the
same and direct the respondents to release the detenue Siva alias Jeevanantham,
S/o. Peraman Chettiar, now confined in Central Prison, Tiruchirapalli and to set
him at liberty.
!For Petitioner ... Mr.R.P.Ramachanthiran
^For Respondents... Mr.P.N.Pandi Durai
Additional Govt.Pleader
- - - - - - -
:ORDER
(Order of the Court was made by M.SATHYANARAYANAN,J.) The petitioner is the detenue, who is now detained in Central Prison, Tiruchirapalli. The detention order is questioned on the ground that the detaining authority has not applied his mind as to the awareness of the detenue in filing a bail application. In the absence of such awareness, the detention order is liable to be quashed.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.
3. In paragraph 5 of the grounds of detention, it has been stated as follows:-
"I am aware that Thiru.Siva @ Jeevanantham is in remand in Karambakudi P.S.Crime No.16/2008 and has not moved any bail application. On the materials placed before me in ground case as well as in past cases, I am satisfied that the said Siva @ Jeevanantham is a "GOONDA" and he will indulge in such further prejudicial activities in future as well as which would disturb the public order and security in the minds of general public. Hence, there is compelling necessity arises to detain him under the provisions of the Tamil Nadu Act, 14/1982."
4. A perusal of the paragraph No.5 of the grounds of detention, would reveal that the detaining authority has not referred to the possibility of the detenu filing the bail application in future and coming out on bail. In fact, the detaining authority has not recorded any satisfaction as to the real possibility of the detenu coming out on bail by filing the bail application either before the lower Court or before the higher Courts.
5. In our considered opinion, the same could exhibit the non-application of mind on the part of the detaining authority and in the absence of such satisfaction, the detention order passed by the second respondent is liable to be quahsed.
6. In the result, the Habeas Corpus Petition is allowed and the impugned order of detention order passed by the second respondent in P.D.O.No.11 of 2008 dated 04.03.2008, is qushed. The detenu is directed to be released forthwith unless his custody is required otherwise, in accordance with law.
mvs+rsb To:
1. The Secretary State of Tamil Nadu Prohibition and Excise Department Fort St. George Chennai 600 009.
2. The District Magistrate and District Collector Pudukottai.
3. The Public Prosecutor, Madurai Bench of Madras High Court, Madurai.