IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 04.04.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH
H.C.P No.2295 of 2016
Settu,F/o Kathirvel ...Petitioner Vs
1. State of Tamil Nadu Represented by its Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai- 600 009.
2. In the Court of District Magistrate and District Collector, Salem District. Respondents
Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ, order or Direction in the nature of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 09.08.2016 in C.M.P.No/20/Goonda/C2/2016 against the son of the petitioner, detenu Kathirvel, male, aged 24, S/o Settu, who is confined at Central Prison, Salem and to set aside the same and consequently direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner : M/s. Karan and Uday For Respondents : Mr.V.M.R. Rajentren Addl. Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner, who is the father of the detenu Kathirvel, has come up with this habeas corpus petition, challenging the detention order passed against detenu Kathirvel by the second respondent, vide proceedings C.M.P.No/20/Goonda/C2/2016 dated 09.08.2016.
2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State and we have also perused the records carefully.
3. Though, several grounds were raised in the petition, the learned counsel appearing for the petitioner would mainly focus on the ground that though there was no bail application pending in Crime No.245/2016 the detaining authority has stated that the relatives of the detenu were taking steps to file bail application, in which case there was real possibility of the detenu coming out on bail. The learned counsel pointed out that to arrive at such a conclusion, there was no material placed before the detaining authority at all.
4. The learned Additional Public prosecutor would submit that in the Special report submitted by the Inspector of Police, there is a statement to the effect that the relatives of the detenu were taking steps to file bail application seeking bail in connection with the case in Crime No.245/2016.
5. We have considered the above submissions. Admittedly, as on the date of passing of the detention order, there was no application filed by the detenu seeking bail in Crime No.245/2016 on the file of Karippatty Police Station. Though it is alleged that his relatives were taking steps to file an application for bail, there were no materials available before the detaining authority, except the report of the Inspector of Police. Even the report of the Inspector of Police does not spell out as to how he came to know that the relatives were taking steps to file application seeking bail. Full details as to who are those relatives, who were taking steps to file bail application also have not been mentioned. Thus, in our considered view, without making proper application of mind relating to these facts, the detaining authority has passed the detention order. Therefore, we are inclined to set aside the same.
6. Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 09.08.2016, passed by the second respondent is set aside. The detenu is directed to be released forthwith unless his presence is required in connection with any other case.
Speaking Order/ Non-Speaking Order Index : Yes/no Internet : Yes/no sr/sts (S.N.J.,) (A.S.M.J.,) 04-04-2017 To
1. The Secretary, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai- 600 009.
2. In the Court of District Magistrate and District Collector, Salem District.
3. The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.
And
DR.ANITA SUMANTH,J.,
sr/sts Order in H.C.P.No.2295 of 2016 04-04-2017