Madras High CourtAnbuselvan vs State Of Tamil Nadu on 22 December, 2015Bench:P.R.Shivakumar,V.S.RaviBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 22.12.2015  

CORAM   

THE HONOURABLE MR.JUSTICE P.R.SHIVAKUMAR             
AND  
THE HONOURABLE MR.JUSTICE V.S.RAVI         

H.C.P.(MD)No.1629 of 2015  

Anbuselvan                                              : Petitioner

                                                Vs.
1.State of Tamil Nadu, rep. by
   The Secretary to Government,
   Home, Prohibition and Excise Department,
   Fort St. George,
   Chennai-9.

2.The District Collector and District Magistrate,
   O/o. The District Collector and District Magistrate,
   Tiruchirappalli District,
   Tiruchirappalli.

3.The Superintendent of Central Prison,
   Central Prison,
   Tiruchirappalli.                                     : Respondents 

PRAYER   
       Petition is filed underArticle 226of the Constitution of India
praying for the issue of a Writ of Habeas Corpus to call for the entire
records in detention order passed in Cr.M.P.No.31/2015 dated 06.11.2015 on
the file of the second respondent herein and set aside the same as illegal
and direct the respondents to produce the petitioner, namely Anbuselvan,
S/o.Duraisamy, Male, aged 30 years,  who is detained in Central Prison,
Tiruchirappalli before this Court and set him at liberty.
        
!For Petitioner         : Mr.K.A.S.Prabhu 
^For Respondents        : Mr.A.Ramar, 
                          Additional Public Prosecutor

:ORDER[Order of the Court was made by P.R.SHIVAKUMAR, J]    
                The petitioner is the detenu. He was detained by the second
respondent by his order in Cr.M.P.No.31/2015, dated 06.11.2015, holding him
to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of
1982, taking note of the ground case in Crime No.272 of 2015 on the file of
Thottiyam Police Station registered for alleged offences punishable underSections 147,148,302and120-Bof the Indian Penal Code and the adverse
case in Crime No.249 of 2015 registered on the file of Thottiyam Police
Station for alleged offences punishable underSections 294(b)and324of the
Indian Penal Code.2. The Detaining Authority, expressing subjective satisfaction
that the detenu conformed to the definition of the "Goonda" and that his
presence at large would be prejudicial to the maintenance of public order and
also expressing subjective satisfaction that it was very likely that the
detenu would come out on bail in the ground case, passed the impugned 
detention order. The said order is challenged in the present Habeas Corpus
Petition.3. Though a number of grounds have been raised assailing the order of
detention, the learned counsel for the petitioner mainly relies on the
contention that there was non-application of mind on the part of the
Detaining Authority insofar as the Detaining Authority referred to the fact
that bail applications filed on behalf of the detenu were dismissed by the
learned Principal Sessions Judge, Tiruchirappalli, in Cr.M.P.Nos.2798 of 2015
and 2902 of 2015 on 14.10.2015 and 04.11.2015 respectively. However the
Detaining Authority proceeded further to observe that bail was granted to one
Mathan @ Mathankumar @ Manikandan by the Principal Sessions Judge, Thanjavur     
in Cr.M.P.No.4654/2014 on 23.12.2014 (10 months prior to the date of
dismissal of the bail applications of the detenue) and that there was
possibility of a bail application being filed in an appropriate Court and
coming out on bail.4. The submissions made by the learned Additional Public
Prosecutor in reply to the above said contentions raised by the learned
counsel for the petitioner are also heard.5. In paragraph No.5 of the grounds of detention, the Detaining
Authority, expressing his subjective satisfaction regarding the possibility
of the detenu coming out on bail, made the following observation:-"I am aware that Thiru.Anbuselvan, s/o.Duraisamy is in remand in
Thottiyam PS Cr.No.272/2015 and has filed bail applications before the
Principal Sessions Court, Tiruchirappalli in Cr.M.P.Nos.2798/15 and 2902/15
and the same were dismissed on 14.10.15 and 04.11.15 respectively. In similar
case registered in Kumbakonam West PS Cr.No.331/2014, bail was granted to   
Mathan @ Mathankumar @ Manikandan by the Principal Sessions Judge, Thanjavur     
in Cr.M.P.No.4654/2014 on 23.12.2014. Hence it is very likely of his
(Anbuselvan) coming out on bail by filing bail application in the above case
before the appropriate court."6. As rightly, contended by the learned counsel for the
petitioner, the above extracted portion of the grounds of detention shows
non-application of mind and mechanical clamping of the order of detention
insofar as the comparison was made with another case and not a case of a co-
accused in the same case and since the nature of offences in the similar case
was not referred to in the grounds of detention. In addition the fact that
the bail applications of the detenu were dismissed 10 months after the bail
order in the alleged similar case came to be passed, not by an inferior
court, but by the court of very same rank viz. Court of Principal Sessions
Judge. The same shows non-application of mind on the part of the Detaining
Authority. Hence, on the said ground alone, the order of detention is liable
to be set aside.7. In the result, the Habeas Corpus Petition is allowed and this
Court sets aside the order of detention dated 06.11.2015, made in
Cr.M.P.No.31/2015, by the second respondent, the District Collector and
District Magistrate, Office of the District Collector and District
Magistrate, Tiruchirappalli District, Tiruchirappalli and directs the release
of the detenu by name Anbuselvan, S/o.Duraisamy, aged about 30 years  
forthwith, if his continued custody is not authorised in specific cases or by
any other detention order.To1.The Secretary to Government, 
   State of Tamil Nadu,
   Home, Prohibition and Excise Department,
   Fort St. George,
   Chennai-9.2.The District Collector and District Magistrate,
   O/o. The District Collector and District Magistrate,
   Tiruchirappalli District,
   Tiruchirappalli.3.The Superintendent of Central Prison,
   Central Prison,
   Tiruchirappalli.4.The Additional Public Prosecutor,
   Madurai Bench of Madras High Court,
   Madurai..