Madras High Court
Usha vs The Secretary To The Government on 3 January, 2020
Author: R.Subbiah
Bench: R.Subbiah, R.Pongiappan
H.C.P.No.2146 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2020
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
H.C.P.No.2146 of 2019
Usha ... Petitioner
Vs
1. The Secretary to the Government
Home Prohibition and Excise Department,
Secretariat,
Chennai 600 009.
2. District Collector and
District Magistrate
Kancheepuram District
Kancheepuram. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Habeas Corpus calling for the records in
connection with the order of Detention passed by the second resopndent
dated 25.08.2019 in BCDFGISSSV No.53/2019 against the petitioner cousin
son Ganesan @ Manikandan, male aged 22 years s/o.Venkatachalam, who is
confined at Central Prison, Puzhal II, Chennai and set aside the same and
direct the respondents to produce the detenu before this Court and set him
1/5
http://www.judis.nic.in
H.C.P.No.2146 of 2019
at liberty.
For Petitioner : M/s.S.Senthilvel
For Respondents : Mr.R.Prathap Kumar
Additional Public Prosecutor
*****
ORDER
[Order of this Court was made by R.SUBBIAH, J] Petitioner is the aunt of the detenu viz., Ganesan @ Manikandan, S/o.Venkatachalam, aged 22 years, who has been branded as a ‘Goonda’ under the Tamil Nadu Act 14 of 1982 and detained under order of second respondent passed in BCDFGISSSV/53/2019 dated 25.08.2019.
2. The detenu came to adverse notice in the following cases:
Sl.No. Police Station and Crime Section of Law No.
1. Neelankarai Police 379 IPC Station Cr.No.213 of 2018 The alleged ground case has been registered against the detenu in Crime No.158 of 2019 on the file of Otteri Police Station for offences u/s.147, 148, 341, 448, 307, 302 IPC. Aggrieved by the order of detention, the present 2/5 http://www.judis.nic.in H.C.P.No.2146 of 2019 writ petition has been filed.
3. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for respondents. Perused the materials on record.
4. Learned counsel for petitioner submits that despite the admitted position that the detenu has not filed any bail application in the ground case, the detaining authority has informed a real possibility of his coming out on bail by filing a bail application since in a similar case bail was granted by learned District and Sessions Court II, Kancheepuram, in C.M.P.No.1933 of 2015 in respect of Crime No.1179 of 2015 on the file of Vishnu Kanchi Police Station, for offences u/s.147,148,302 IPC. Learned counsel submits that in the case cited as similar, the offences are different from that of the offences in the ground case. The non-consideration of such aspect reflects non-application of mind.
5. We have heard learned Additional Public Prosecutor on the above submissions.
3/5 http://www.judis.nic.in H.C.P.No.2146 of 2019
6. As rightly submitted by learned counsel for petitioner, the offences alleged in the similar case, relied on by the detaining authority in arriving at a subjective satisfaction, are different from that of the offences alleged in the ground case. Hence, we find that the order of detention suffers from non application of mind.
7. Accordingly, the Habeas Corpus Petition is allowed and the detention order passed by the second respondent against the detenu viz., Ganesan @ Manikandan, S/o.Venkatachalam, in No.BCDFGISSSV No.53/2019 dated 25.08.2019, is quashed. The above named detenu is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.
[R.P.S., J] [R.P.A., J]
03.01.2020
Index:yes/no
Internet:yes
dpq
4/5
http://www.judis.nic.in
H.C.P.No.2146 of 2019
R.SUBBIAH, J
and
R.PONGIAPPAN, J
dpq
To
1. The Secretary,
Prohibition and Excise Department, Fort.St.George, Chennai 600 009.
2. The Commissioner of Police, Greater Chennai Police, Chennai.
3.The Public Prosecutor, High Court, Madras.
H.C.P.No.2146 of 2019
03.01.2020 5/5 http://www.judis.nic.in