Shivlal v. State of Tamil Nadu, Rep. by its Secretary to Government, Home, Prohibition and Excise Department
2014-06-17
G.CHOCKALINGAM, V.DHANAPALAN
body2014
DigiLaw.ai
Judgment : V. Dhanapalan, J. 1. Detenu himself is the petitioner herein. The detenu has been branded as a "Goonda" as contemplated under Tamil Nadu Act 14 of 1982 and detained under order of the 2nd respondent passed in Memo No.1215/BDFGISSV/2013, dated 02.10.2013. 2. The detenu came to adverse notice in the following cases :- Sr.No. Police Station and Crime No. Sections of Law 1. T-7, Tank Factory Police Station, Crime No.151 of 2013 380 IPC 2. T-10, Thirumullaivoyal Police Station, Crime No.1194 of 2013 380 IPC 3. T-7, Avadi Tank Factory Police Station, Crime No.586 of 2013 454 and 380 IPC The ground case alleged against the detenu is one registered on 18.09.2013 by the Inspector of Police, T-7 Tank Factory Police Station in Crime No.654 of 2013 for the offences under Sections 341, 294(b), 323, 336 and 506(ii) r/w. 397 I.P.C. Aggrieved by the order of detention, the present petition has been filed. 3. Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he mainly focused his argument on the ground that when there is no bail application filed on behalf of the detenu, nor by the relatives of the detenu, there is no imminent possibility of him being released on bail and therefore, the impugned order has been passed without any supporting material. For the above reasons, the impugned order of detention is liable to be quashed. 4. We have heard the learned Additional Public Prosecutor on the above submission. 5. On a careful scrutiny of the impugned order, it is seen that the detaining authority, taking into account the imminent possibility of the detenu being enlarged on bail and the likelihood of the same is prejudicial to the public order, has passed the impugned detention order, wherein it has been mentioned as under in paragraph No.4 of the order : “4.I am aware that Thiru.Shivalal is in remand in T-7 Tank Factory Police Station Crime Nos.151/2013, 586/2013 and 654/2013. He has not moved any bail application for T-7 Tank Factory Police Station Crime Nos.151/2013, 586/2013 and 654/2013 so far. The sponsoring authority has stated that the relatives of Thiru.Shivlal is taking action to take him out on bail by filing bail application for T-7, Tank Factory Police Station Crime Nos.151/2013, 586/2013 and 654/2013 before the appropriate Court....
He has not moved any bail application for T-7 Tank Factory Police Station Crime Nos.151/2013, 586/2013 and 654/2013 so far. The sponsoring authority has stated that the relatives of Thiru.Shivlal is taking action to take him out on bail by filing bail application for T-7, Tank Factory Police Station Crime Nos.151/2013, 586/2013 and 654/2013 before the appropriate Court.... A close reading of the entire booklet would show that the detaining authority has taken a decision to detain the detenu on the presumption that the relatives of the accused are taking steps to bail him out by filing application in respect of Crime Nos.151/2013 and 586/2013 (first and third adverse cases) and 654/2013 (ground case), without any valid material in support thereof and passed the impugned order of detention in mechanical manner, which shows clear non-application of mind on the part of detaining authority in arriving at such conclusion. Thus, for the reasons stated herein-above, the impugned detention order cannot be sustained. 6. Accordingly, the impugned detention order passed by the 2nd respondent, detaining the detenu, namely, Shivlal, S/o. Hiralal, made in Memo No.1215/BDFGISSV/2013, dated 02.10.2013 is quashed and the Habeas Corpus Petition is allowed. The above named detenu, who is detained in the Central Prison, Puzhal, Chennai, is ordered to be set at liberty forthwith, unless his custody is required in connection with any other case.