Madras High Court
Sivaramakrishnan vs The Principal Secretary To ... on 6 September, 2022
H.C.P.(MD)No.933 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.09.2022
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
H.C.P.(MD)No.933 of 2022
Sivaramakrishnan .. Petitioner
Vs.
1.The Principal Secretary to Government,
State of Tamil Nadu,
Home, Prohibition and Excise Department,
Fort St. George,
Chennai - 600 009.
2.The Commissioner of Police,
Office of the Commissioner of Police,
Madurai City,
Madurai.
3.The Superintendent of Prison,
Madurai Central Prison,
Madurai District. .. Respondents
Page 1 of 7
https://www.mhc.tn.gov.in/judis
H.C.P.(MD)No.933 of 2022
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 respondent No.2 in No.06/BCDFGISSSV/2022,
dated 27.01.2022 and quash the same and direct the respondents to produce
the body or person of the detenu by name Sivaramakrishnan, son of
Ramamoorthy, agaed about 35 years, now detained as “Goonda” at Madurai
Central Prison before this Court and set him at liberty forthwith.
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., Sivaramakrishnan, son of
Ramamoorthy, agaed about 35 years. The detenu has been detained by the
second respondent by his order in No.06/BCDFGISSSV/2022, dated
27.01.2022 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.
https://www.mhc.tn.gov.in/judis
H.C.P.(MD)No.933 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 many grounds have been raised in the petition, the
learned counsel for the petitioner focused his argument on the ground that
the detaining authority at the time of passing the order has taken into
consideration the order passed in a bail petition in Crl.M.P.No.6126 of 2017
on 28.11.2017 and has come to a conclusion that the ground case is also
similar and therefore, there is a likelihood of the detenu being released on
bail.
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 there is a real possibility of granting bail
by the competent Court.
https://www.mhc.tn.gov.in/judis
H.C.P.(MD)No.933 of 2022
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.
6. 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.
7. In the considered view of this Court, the case which was
referred by the detaining authority is not a similar case, since in that case,
the investigation was completed and final report was filed and taking that
into consideration, bail was granted. Whereas, in the present case, the
investigation is pending and therefore, the reference to the similar case
reflects non application of mind on the part of the detaining authority and
therefore, the same is liable to be interfered with by this Court.
https://www.mhc.tn.gov.in/judis
H.C.P.(MD)No.933 of 2022
8. In the result, the Habeas Corpus Petition is allowed and the
order of detention in No.06/BCDFGISSSV/2022, dated 27.01.2022 passed
by the second respondent is set aside. The detenu, viz.,Sivaramakrishnan,
son of Ramamoorthy, aged about 35 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.)
06.09.2022
Index : Yes/No
Internet : Yes
rm
https://www.mhc.tn.gov.in/judis
H.C.P.(MD)No.933 of 2022
Copy to
1.The Principal Secretary to Government,
State of Tamil Nadu,
Home, Prohibition and Excise Department,
Fort St. George,
Chennai - 600 009.
2.The Commissioner of Police,
Office of the Commissioner of Police,
Madurai City,
Madurai.
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
H.C.P.(MD)No.933 of 2022
J.NISHA BANU,J.
and
N.ANAND VENKATESH, J.
rm
H.C.P.(MD)No.933 of 2022
06.09.2022
https://www.mhc.tn.gov.in/judis
