Madras High Court
Muthuraj vs State Of Tamil Nadu on 19 October, 2022
HCP(MD)No.842 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.10.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
H.C.P.(MD)No.842 of 2022
Muthuraj ... Petitioner / Detenu
Vs.
1.State of Tamil Nadu,
Rep. by the Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
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 connected with
the detention order passed in H.S.(M)Confdl.No.62/2022 dated 06.04.2022
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HCP(MD)No.842 of 2022
on the file of the 2nd Respondent and quash the same and direct the
respondents to produce the detenu or body of the detenu, namely, Muthuraj
S/o.Selvakumar, aged about 22 years, now detained at Central Prison,
Palayamkottai before this Court and set him at liberty.
For Petitioner : Mr.N.Pragalathan
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
ORDER
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
The petitioner is the detenu viz., Muthuraj S/o.Selvakumar, aged
about 22 years. The detenu has been detained by the second respondent by
his order in H.S.(M)Confdl.No.62/2022 dated 06.04.2022 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.
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HCP(MD)No.842 of 2022
2. 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.
3.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.
4. 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.
5. The main ground that was urged by the learned counsel for the
petitioner is that the detaining authority was aware of the fact tha the bail
application that were filed by the detenue were dismissed and no bail
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HCP(MD)No.842 of 2022
application was pending as on the date, when detention order was passed.
However, the detaining authority took into consideration the bail that was
granted in Cr.M.P.No.7630/2019 dated 11.11.2019 and came to a conclusion
that bail has been granted in the similar. According to the learned counsel
appearing for the petitioner, the similar case that was taken into
consideration by the detaining authority to come to a conclusion that there is
a likelihood of the detenu being released on bail, is not a similar case.
Hence, the detention order suffers from non application of mind.
6. We have carefully considered the submissions made by the learned
counsel for the petitioner as well as the learned Additional Public
Prosecutor appearing on behalf of the respondents.
7. We have carefully gone through the bail order relied upon by the
detaining authority passed in Crl.M.P.No.7630 of 2019 dated 11.11.2019.
The accused therein was granted bailon the ground that there was no serious
objection from the prosecution and the injured had already been discharged
from the hospital. The facts of that case cannot be treated to be a similar
case since in the present case, the prosecution has vehemently opposed the
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HCP(MD)No.842 of 2022
bail petition filed by the detenu and there was no bail petition pending as on
the date of passing of the detention order. In view of the same, we find that
the subjective satisfaction arrived at by the detaining authority with regard
to the likelihood of the detenu coming out on bail suffers from non-
application of mind on the part of the detaining authority.
8.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.
9.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.842 of 2022
10.In the result, the Habeas Corpus Petition is allowed and the order
of detention in H.S(M).Confdl.No.62/2022 dated 06.04.2022 passed by the
second respondent is set aside. The detenu, viz., Muthuraj, S/o.Selvakumar,
aged 22 years, 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.)
19.10.2022
Index : Yes/No
Internet : Yes
PJL
To:
1.State of Tamil Nadu,
Rep. by the Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai – 600 009.
2.The District Collector and District Magistrate,
Thoothukudi District,
Thoothukudi.
3.The Superintendent of Prison,
Central Prison,
Palayamkottai,
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HCP(MD)No.842 of 2022
Tirunelveli.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
HCP(MD)No.842 of 2022
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
PJL
H.C.P.(MD)No.842 of 2022
19.10.2022
https://www.mhc.tn.gov.in/judis
