Madras High Court
Rajapandi vs The Additional Chief Secretary To ... on 5 September, 2022
HCP(MD)No.1267 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.09.2022
CORAM
The Honourable Mrs. Justice J.NISHA BANU
and
The Honourable Mr. Justice N.ANAND VENKATESH
H.C.P.(MD)No.1267 of 2022
Rajapandi .. Petitioner / detenu
Vs.
1.The Additional Chief Secretary to Government,
State of Tamilnadu
Home, Prohibition and Excise Department,
Fort St. George,
Chennai - 600 009.
2.The District Collector and District Magistrate
Office of the District Collector and District Magistrate
Theni District, Theni.
3.The Superintendent of Prison
Madurai Central Prison,
Madurai District. .. Respondents
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 respondent No.2, in Detention Order No.03/2022
dated 12.01.2022 and quash the same and direct the respondents to produce
the detenu or body of the detenu by name Rajapandi, son of Balu, aged
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HCP(MD)No.1267 of 2022
about 32 years now confined as Sexual Offender 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
ORDER
J.NISHA BANU, J.
and
N.ANAND VENKATESH, J
The petitioner is the detenu viz., Rajapandi, aged about 32 years,
S/o.Balu. The detenu has been detained by the second respondent by his
order in Detention Order No.03/2022 dated 12.01.2022 holding him to be a
"Sexual Offender", as contemplated under Section 2(ggg) of Tamil Nadu
Act 14 of 1982. The said order is under challenge in this Habeas Corpus
Petition.
2. Though many grounds have been raised in the 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,
there is a possibility of granting bail by the competent Court after a lapse of
time.
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HCP(MD)No.1267 of 2022
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 there is a real possibility of granting bail by the
competent Court.
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. Heard the learned Additional Public Prosecutor appearing on
behalf of the respondents. Counter affidavit has not yet been filed by the
respondents.
6. Even though several grounds have been raised in the petition filed
before this Court, it will be enough, if this Court focuses on the main
ground that has been raised by the learned counsel for the petitioner. The
detaining authority has specifically stated in the detention order that the
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HCP(MD)No.1267 of 2022
detenu has not filed any bail petition. However, merely based on some
secret information, the detaining authority has inferred that there is a
possibility of the detenu coming out on bail.
7. 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.
8. 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.1267 of 2022
5. In the result, the Habeas Corpus Petition is allowed and the order
of detention in Detention Order No.03/2022 dated 12.01.2022 passed by the
second respondent is set aside. The detenu, viz., Rajapandi S/o.Balu, aged
about 32 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.)
05.09.2022
Index : Yes/No
Internet : Yes
RR
To
1.The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Fort St. George,
Chennai - 600 009.
2.The District Collector and District Magistrate
Office of the District Collector and District Magistrate
Theni District, Theni.
3.The Superintendent of Prison
Madurai Central Prison, Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
HCP(MD)No.1267 of 2022
J.NISHA BANU,J.
and
N.ANAND VENKATESH, J.
RR
H.C.P.(MD)No.1267 of 2022
05.09.2022
https://www.mhc.tn.gov.in/judis
