Sakthi v. The Additional Chief Secretary to Government

ORDER (Order of the Court was made by M.S.RAMESH,J.) The petitioner is the wife of the detenu viz., Kathir alias Kathiravan, aged about 29 years, S/o.Sekar. The detenu has been detained by the second respondent by his order in P.D.No.97/2022 dated 31.07.2022 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, after being aware of the fact that there was no bail application filed by the detenu, came to the conclusion that there is a real possibility of the detenu coming out on bail by relying upon the order passed in Criminal Miscellaneous Petition No.3806/2021 dated 24.08.2021. The learned counsel therefore submitted that the order that was relied upon by the detaining authority was not similar and on that score, the detention order is liable to be interfered with.

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

¶5On carefully going through the detention order, the detaining authority was aware of the fact that no bail application was filed by the detenu. However, the detaining authority took into consideration the order passed in Criminal Miscellaneous Petition No.3806/2021 dated 24.08.2021 and came to the conclusion that there is a likelihood of the detenu coming out on bail. Perusal of the order shows that since all other co accused have been granted bail and investigation was over, the accused therein was granted bail. However, in the present case, investigation is still pending. Hence, the order that was relied upon by the detaining authority cannot be considered to be similar.

¶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 P.D.No.97/2022 dated 31.07.2022 passed by the second respondent is set aside. The detenu, viz., Kathir alias Kathiravan, S/o.Sekar, aged about 29 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.)

04.07.2023 NCC : Yes / No Index : Yes / No Lm To

1.The Additional Chief Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The District Collector and District Magistrate, Thanjavur District, Thanjavur.

3.The Superintendent of Prison, Trichy Central Prison, Trichy District.

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

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

H.C.P.(MD)No.1506 of 2022

04.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1506 of 2022 Sakthi .. Petitioner/ Wife of the Detenu Vs. 1.Government of Tamil Nadu Represented by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009. 2.The District Collector and District Magistrate, Thanjavur District, Thanjavur. 3.The Superintendent of Prison, Trichy Central Prison, Trichy District. .. 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 P.D.No.97/2022 dated 31.07.2022 and quash the same and direct the respondents to produce the body or person of the detenu by name Kathir alias Kathiravan, son of Sekar, aged about 29 years, now detained as "Goonda"at Trichy Central Prison before this Court and set him at liberty forthwith. For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor