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2014 DIGILAW 1595 (MAD)

Pavithra v. State of Tamil Nadu

2014-06-19

G.CHOCKALINGAM, V.DHANAPALAN

body2014
JUDGMENT V. Dhanapalan, J. 1. The petitioner is the brother of the detenu. 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.1566/BDFGISSV/2013, dated 09.11.2013. 2. The detenu came to adverse notice in the following cases:- Sr.No Police Station and Crime No. Sections of Law 1. N-3, Muthiyalpet Police Station, Crime No.172 of 2013 341, 294(b), 324 and 506(ii) IPC 2. H-5, New Washermanpet Police Station, Crime No.451 of 2013 147, 148, 341, 324, 302 and 506(ii) IPC The ground case alleged against the detenu is one registered on 02.11.2013 by the Inspector of Police, Law and Order, N-2, Kasimedu Police Station in Crime No.917 of 2013 for the offences under Sections 341, 323, 294(b), 397, 336, 427 and 506(ii) 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 being 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 also aware that Thiru.Parthiban who was remanded in N-2 Kasimedu P.S.Cr.No.917/2013. He has not moved any bail petition so far. He has not moved any bail petition so far. The sponsoring authority has stated that the relatives of Thiru Parthiban are taking action to take him on bail in N-2 Kasimedu P.S.Cr.No.917/2013 by filing bail application 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 No.917/2013 [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, Parthiban, S/o. Anbu, made in Memo No.1566/BDFGISSV/2013, dated 09.11.2013 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. 7. However, it is made clear that this order shall not preclude the authorities concerned to effectively contest the matter before the Regular Court, uninfluenced by the above order. It is also made clear that this order shall not confer any right or advantage whatsoever to the detenu to claim anything before the Regular Court.