Quashed

Veeralakshmi v. Dt.Magistrate & Dt.Collector

Madras HC18 Feb 2013HCP(MD)/49/2013

Case brief

AI extract

What is this about?

A habeas corpus petition challenging the validity of a detention order under the Tamil Nadu Goondas Act. The High Court quashed the order on the grounds that the detaining authority ignored the detenu's judicial remand status and relied on material regarding a bail order that was not furnished to the detenu, causing prejudice.

What did the court decide?

The impugned detention order H.S(M)Confidential No.16/2012 dated 31.07.2012 is quashed and the detenu is directed to be set at liberty forthwith.

Veeralakshmi Vs Dt.Magistrate… — Constitutional and Fundamental Rights | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2013 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN

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HABEAS CORPUS PETITION No.49 of 2013

Veeralakshmi

..Petitioner

vs.

1.The District Magistrate and District Collector, Thoothukudi District, Thoothukudi.

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2.State of Tamil Nadu represented by its

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Secretary to Government,

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Government of Tamil Nadu, Prohibition and Excise Department,

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Chennai – 600 009.

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.. Respondents

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Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus praying to call for records pertaining to the proceedings of the first respondent made in H.S (M)Confidential No.16/2012 dated 31.07.2012 and quash the same and set the detenu namely Madasamy, S/o.Muthuvel, aged about 29 years old at liberty from Central Prison, Palayamkottai, Tirunelveli District.

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For Petitioner : Mr.B.Sudha Sathyananth For Respondents : Mr.P.Jothi,

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Addl. Public Prosecutor.

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ORDER

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(Order of the Court was made by M.SATHYANARAYANAN, J)

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The petitioner is the mother of detenu and challenge is made to the detention order passed by the first respondent dated 31.07.2012, under which the detenu has been branded as a "Goonda" and detained under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982).

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As per the grounds of detention passed by the first respondent, the detenu came to adverse notice in the following cases:

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(i) Crime No.4 of 2011 on the file of Thermal Nagar Police Station under Sections 294(b), 323 and 307 I.P.C.

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(ii) Crime No.19 of 2012 on the file of Thermal Nagar Police Station under Sections 147, 148, 294(b), 323, https://hcservices.ecourts.gov.in/hcservices/ 307, 506(ii) I.P.C. and Section 4 of the TNPWH Act, 2002. (iii) Crime No.88 of 2012 on the file of Thermal Nagar Police Station under Sections 294(b), 323, 325 and

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506(ii) I.P.C.

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(iv) Crime No.108 of 2012 on the file of Thermal Nagar Police Station under Sections 341, 294(b), 387 and 506(ii) I.P.C.

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In Paragraph 3 of the detention order, it is averred among other things that the detenu was involved in the commission of the offence which took place at 11.00 hours on 24.06.2012 and in this regard, Muthiah Puram Police Station has registered a case in Crime No.555 of 2012 for the commission of the offences under Sections 341, 294(b), 387, 307 and 506 (ii) I.P.C. (ground case). The detenu was arrested on 25.06.2012 and produced before the Judicial Magistrate No.II, Thoothukudi and remanded to judicial custody till 07.09.2012 and his remand period was further extended till 06.08.2012.

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The detaining authority being satisfied with the materials placed by the sponsoring authority that the activities of the detenu are prejudicial to the maintenance of public order, clamped the order of detention.

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The learned counsel for the petitioner has drawn the attention of this Court to paragraph No.4 of the grounds of detention and would submit that as per the averments made therein, the detenu is in remand in connection with the ground case and he filed an application for bail in Cr.M.P.No.2518 of 2012 before the Principal Sessions Court, Thoothukudi and it was dismissed on 09.07.2012 and he filed another application for bail in Cr.M.P.No.2799 of 2012 and the same is pending and the detaining authority has placed reliance upon a similar case registered by Thoothukudi South Police Station in Crime No.61 of 2012, wherein the concerned accused was enlarged on bail in Cr.M.P.No.510 of 2012 on 15.02.2012.

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It is the submission of the learned counsel for the petitioner that though the detenu is in remand in connection with the fourth adverse case, the said fact has not been taken into consideration by the detaining authority and that apart though the detaining authority has placed reliance upon the order granting bail to the concerned accused in similar case in Cr.M.P.No.510 of 2012, the said material has not been furnished to the detenu and on the above said ground, the order of detention is liable to be quashed.

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This Court heard the learned Additional Public prosecutor also.

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As rightly pointed out by the learned counsel for the petitioner, the detenu is in remand in connection with the fourth adverse case and the ground case and the said fact has not been taken into consideration by the detaining authority, while arriving at a subjective satisfaction and that apart the similar material in which the concerned accused was granted bail in Cr.M.P.No.510 of 2012, though relied upon by the detaining authority, has not been furnished to the detenu and therefore the detenu has been put to prejudice on that ground. Hence, on both the grounds, the order of detention is liable to be quashed.

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https://hcservices.ecourts.gov.in/hcservices/ 9. Accordingly, the habeas corpus petition is allowed and the impugned order of detention in H.S(M)Confidential No.16/2012 dated 31.07.2012, passed by the first respondent is quashed. The detenu

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Madasamy, is directed to be set at liberty forthwith, unless his detention/remand is required in connection with any other case/ proceedings.

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Sd/-

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Assistant Registrar(CO)

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/True copy/

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Sub Assistant Registrar

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