Pandiarajan @ Arun v. The Principal Secretary to Government

ORDER (Order of the Court was made by M.S.RAMESH,J.) The petitioner is the detenu viz., Pandiarajan @ Arun, aged about 22 years, S/o.Murugavel. The detenu has been detained by the second respondent by his order in No.90/BCDFGISSSV/2022 dated 19.12.2022 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

¶2We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

¶3Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that the detaining authority has relied upon the order passed in Crl.M.P.No.5309/2021 dated 02.11.2021 and came to the conclusion that in a similar case bail has been granted and that there is likelihood of the detenu released on bail. The learned counsel submitted that the detaining authority was aware of the fact that the detenu filed bail application in the ground case and the same is pending. The learned counsel for the petitioner therefore submitted that the order relied upon by the detaining authority is not similar and there is non application of mind on the part of the detaining authority.

¶4The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing his counter.

¶5On carefully going through the detention order, it is seen that in the order that was relied upon by the detaining authority in Crl.M.P.No.5309/2021 dated 02.11.2021, the accused therein was enlarged on bail, since the other co-accused were released on bail. Hence, the order that was relied upon by the detaining authority cannot be considered to be an order passed in a similar case.

¶6In view of the above, the detention order suffers from non application of mind and the same is liable to be interfered with by this Court. The impugned detention order is, therefore, liable to be quashed.

¶7In the result, the Habeas Corpus Petition is allowed and the order of detention in No.90/BCDFGISSSV/2022 dated 19.12.2022 passed by the second respondent is set aside. The detenu, viz., Pandiarajan @ Arun, S/o.Murugavel, aged about 22 years, is directed to be released forthwith unless his detention is required in connection with any other case.

(M.S.R.,J.) (M.N.K.,J.)

25.07.2023 NCC : Yes / No Index : Yes / No Lm/mbi To

1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai – 600 009.

2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

3.The Superintendent of Prison, Madurai Central Prison, Madurai.

4..The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH,J. and M.NIRMAL KUMAR,J. Lm/mbi

H.C.P.(MD)No.571 of 2023

25.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.571 of 2023 Pandiarajan @ Arun .. Petitioner / Detenu Vs. 1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai – 600 009. 2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai. 3.The Superintendent of Prison, Madurai Central Prison, Madurai. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the entire records, connected with the detention order of the Respondent No.2 in No.90/BCDFGISSV/2022 dated 19.12.2022 and quash the same and direct the respondents to produce the body or person of the detenu by name Pandiarajan @ Arun, son of Murugavel, aged about 22 years, now detained as "Goonda" at Madurai Central Prison before this Court and set him at liberty forthwith. For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor