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2018 DIGILAW 2043 (MAD)

Selvakumar v. Secretary to Government, State of Tamil Nadu

2018-07-05

A.M.BASHEER AHAMED, C.T.SELVAM

body2018
ORDER : C.T. Selvam, J. 1. The petitioner is the detenu - Selvakumar, son of Lakshmanan, aged about 30 years. The detenu has been detained by the second respondent by his order in Cr.M.P. No. 09/2018, dated 27.06.2018, holding him to be a "Bootlegger", as contemplated under Section 2(b) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records produced by the Detaining Authority. 2. The order of detention reflects a most blatant attempt to scuttle the grant of bail by this Court to the detenu and defeat the order passed by this Court. The detention order dated 27.06.2018 informs that the detenu has been granted bail on the very same date under orders in Crl.O.P.(MD). No. 9959 of 2018, on 27.06.2018 and thereafter proceeds to state that the detenu has not produced sureties, as ordered by this Court. 3. We fail to understand how the Detaining Authority can insist that the detenu to produce the sureties on the very date of the order of bail granted by this Court and how not doing so can be stated as a reason informing likelihood of the detenu being released on bail and therefore, the need for his detention. 4. The Detaining Authority is warned that his approach, besides being unjust, can very well be seen as contempt of Court. However, for the present, this Court would not make an issue of it, but, the Detaining Authority as also the Sponsoring Authority would, in future, act with due diligence and respect to the orders of this Court. For the foregoing reasons, the Habeas Corpus Petition shall stand allowed and the Detention Order, passed by the second respondent, in his proceedings in Cr.M.P. No. 09/2018, dated 27.06.2018, is quashed. The detenu, namely, Selvakumar, son of Lakshmanan, aged about 30 years, is ordered to be set at liberty forthwith, if his detention is not required in connection with any other case.