Madras High Court
Kannan vs The Principal Secretary To ... on 28 October, 2022
HCP(MD)No.1716 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.10.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
H.C.P.(MD)No.1716 of 2022
Kannan ... 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 District Magistrate and District Collector,
Office of the District Magistrate and District Collector,
Pudukottai District.
3.The Superintendent of Police,
Trichy Central Prison,
Trichy District. ...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, to call for the entire records connected with
the detention order of the second respondent in P.D.O.No.05/2022, dated
18.02.2022 and quash the same and direct the respondents to produce the
body or person of the detenu by name Kannan son of Kathirvelu aged about
42 years, now detained in Trichy Central Prison before this Court and set
him at liberty forthwith.
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HCP(MD)No.1716 of 2022
For Petitioner : Mr.R.Alagumani
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., Kannan S/o. Kathirvelu, aged about
42 years. The detenu has been detained by the second respondent by his
order in P.D.No.05/2022, dated 18.02.2022 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.
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. Apart from the other grounds, the main ground that was urged by
the learned counsel for the petitioner is that the detaining authority has only
taken into consideration the ground case in Crime No.1295 of 2021 and has
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HCP(MD)No.1716 of 2022
come to the conclusion that the detenu will be granted statutory bail under
Section 167(2) of Cr.P.C.. The learned counsel for the petitioner submitted
that the detenu is under remand in the 10th and 15th adverse cases and no
bail was granted in those cases. Hence, even if the detenu is let out on bail
in the ground case, there is no likelihood of the detenu coming out of the
jail, since he is under remand in other two cases. The learned counsel
submitted that this was not even considered by the detaining authority.
Hence, the detention order suffers from non-application of mind. To
substantiate his submission, the learned counsel relied upon the judgment of
this Court in Suneka Vs. State of Tamil Nadu rep by its Secretary and
another [(2007) 1 MLJ (Crl) 257].
4. The learned Additional Public Prosecutor strongly opposed this
Habeas Corpus Petition.
5. There were totally 17 adverse cases against the detenu and one
ground case. The detenu is under remand in the 10th and 15th cases and
also in the ground case. The detaining authority has taken into
consideration only the ground case in Crime No.1295 of 2021 and has come
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HCP(MD)No.1716 of 2022
to the conclusion that the detenu will be let out on mandatory bail under
Section 167(2) of Cr.P.C.. The detaining authority has not even taken into
consideration the fact that the detenu is under remand under 10 th and 15th
adverse cases. Hence, even if the detenu is let out on bail in the ground
case, there is no likelihood of the detenu coming out of jail, since his
remand continues in the 10th and 15th adverse cases.
6. As rightly contended by the learned counsel for the petitioner, the
present case is squarely covered by the judgment cited by the learned
counsel for the petitioner and the relevant portion in the said judgment is
extracted hereunder:
“6.Non application of mind is on account of the fact that the detenu
has been remanded in connection with two cases, but the detaining authority
has referred to the possibility of the detenu being released on bail by referring
to the bail Applications Crl.M.P.Nos.4007 and 4050 of 2006, which had been
filed in Cr.No.44 of 2006. In other words, the detaining authority has not at
all considered the possibility of the detenu being released in other case. Even
if bail order would have been passed in Cr.No.44 of 2006, the detenu would
be still detained in prison as no bail application had been filed in connection
with the earlier case, i.e., Cr.No.37 of 2006. The detain9ing authority has not
at all applied his mind to the aforesaid aspect. As a matter of fact, almost on
similar circumstances, the Division Bench in Balasubraminan @
Subramanian @ Subbudu @ Subbu v. Commissioner of Police, Madurai City
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HCP(MD)No.1716 of 2022
(Supra) had quashed such detention on account of the fact that the detaining
authority had only referred to filing of bail application in one crime and there
is no reference to filing of bail application in connection with other similar
crime.”
7. In view of the above, the order of detention is liable to be
interfered with.
8. In the result, the Habeas Corpus Petition is allowed and the order
of detention in P.D.No.05/2022, dated 18.02.2022, passed by the second
respondent is set aside. The detenu, viz., Kannan, S/o.Kathirvelu, aged
about 42 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.)
28.10.2022
Index : Yes/No
Internet : Yes
ta
https://www.mhc.tn.gov.in/judis
HCP(MD)No.1716 of 2022
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
ta
To:
1.The Principal Secretary to Government,
State of Tamil Nadu,
Home, Prohibition and Excise Department,
Fort St.George, Chennai-600 009.
2.The District Magistrate and District Collector,
Office of the District Magistrate and District Collector,
Pudukottai District.
3.The Superintendent of Police,
Trichy Central Prison,
Trichy District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
H.C.P.(MD)No.1716 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
