Madras High Court
Punitha vs State Of Tamil Nadu on 14 October, 2022
HCP(MD)No.778 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.10.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
H.C.P.(MD)No.778 of 2022
Punitha ... Petitioner / Wife of the Detenu
Vs.
1.State of Tamil Nadu,
Rep by the Additional Chief Secretary to Government,
Prohibition and Excise Department,
Fort St.George,
Chennai-600 009.
2.The District Collector and District Magistrate,
Thoothukudi District,
Thoothukudi.
3.The Superintendent of Prison,
Central Prison,
Palayamkottai,
Tirunelveli. ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, calling for the entire records leading to the
the detention of the petitioner's husband namely Selvaganesh,
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HCP(MD)No.778 of 2022
S/o.Chokkalingam, aged about 22 years vide detention order dated
12.4.2022 made in H.S(M)Confdl.No.70/2022 passed by the second
respondent and quash the same and consequently direct the respondents to
produce the body of person of the detenu now detained at the Central
Prison, Palayamkottai, before this Court and set him at liberty forthwith.
For Petitioner : Mr.S.Vishnuvardhan
For Respondents : Mr.A.Thiruvadikumar
Additional Public Prosecutor
ORDER
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
The petitioner is the wife of the detenu viz., Selvaganesh, aged about
22 years, S/o.Chokkalingam. The detenu has been detained by the second
respondent by his order in H.S(M)Confdl.No.70/2022 dated 12.04.2022
holding him to be a "Goonda", as contemplated under 2(f) of the Tamil
Nadu Act 14 of 1982. The said order is under challenge in this Habeas
Corpus Petition.
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HCP(MD)No.778 of 2022
2.We 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.
3.Though several grounds have been raised in the Habeas Corpus
Petition, the learned counsel for the petitioner focussed his argument on the
ground, wherein, the detaining authority has taken into consideration the
fact that the accused, who are similarly placed, have been granted bail by
the competent Court.
4.The learned counsel for the petitioner submitted that the detaining
authority, without the availability of materials, cannot ipso facto satisfy
himself regarding the imminent possibility of the detenu coming out on bail,
merely on the ground that the accused, who are similarly placed have been
granted bail.
5.The learned counsel for the petitioner relied upon the judgment of
the Hon'ble Supreme Court in Rekha v. State of Tamil Nadu ((2011) 5 SCC
244) to substantiate his submission.
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HCP(MD)No.778 of 2022
6.Heard the learned Additional Public Prosecutor appearing on behalf
of the respondents.
7.Apart from the other grounds, the main ground that was urged by
the learned counsel for the petitioner is that the detaining authority after
taking note of the fact that no bail petition was pending as on the date of
passing of the detention order, took into consideration the order passed in
Crl.O.P(MD)No.23893 of 2016 and came to the conclusion that there is a
likelihood of the accused persons being granted bail.
8.The learned counsel for the petitioner submitted that the order that
was relied upon by the detaining authority does not pertain to a similar case
and hence, the detention order suffers from non-application of mind.
9.The learned Additional Public Prosecutor, on instructions,
submitted that investigation was completed and final report was filed and
the case is now pending in S.C.No.126 of 2022 on the file of the First
Additional District Judge, Tuticorin and the next date of hearing is
26.10.2022 for framing of charges.
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HCP(MD)No.778 of 2022
10.We have carefully gone through the order passed in
Crl.O.P(MD)No.23893 of 2016 and in that case, this Court granted bail on
the ground that the investigation was completed and final report was filed
before the concerned Court. It is therefore, clear that this order relied upon
by the detaining authority cannot be considered to be a similar case and
hence, the detention order suffers from non application of mind.
11.The issue that has been raised by the learned counsel for the
petitioner is no longer res integra and it is covered by the judgment that has
been cited by the learned counsel for the petitioner, which has been referred
supra.
12.The Hon'ble Supreme Court has categorically held in the above
judgment that the accused persons, who are similarly placed being granted
bail by the same Court or by a higher Court, cannot be a ground for the
detaining authority to come to such a subjective satisfaction without there
being any materials to substantiate the same. This by itself reflects non
application of mind on the part of the detaining authority. Therefore, the
order of detention is liable to be interfered with.
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HCP(MD)No.778 of 2022
13.In the result, the Habeas Corpus Petition is allowed and the order
of detention in H.S(M)Confdl.No.70/2022 dated 12.04.2022, passed by the
second respondent is set aside. The detenu, viz., Selvaganesh, aged about 22
years, S/o.Chokkalingam, is directed to be released forthwith unless his
detention is required in connection with any other case.
(J.N.B.,J.) (N.A.V.,J.)
14.10.2022
Index : Yes/No
Internet : Yes
Ns/Ta
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HCP(MD)No.778 of 2022
To:
1.The Additional Chief Secretary to Government,
Prohibition and Excise Department,
Fort St.George,
Chennai-600 009.
2.The District Collector and District Magistrate,
Thoothukudi District,
Thoothukudi.
3.The Superintendent of Prison,
Central Prison,
Palayamkottai,
Tirunelveli.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
HCP(MD)No.778 of 2022
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
Ns/Ta
H.C.P.(MD)No.778 of 2022
14.10.2022
https://www.mhc.tn.gov.in/judis
