HCP(MD)No.1287 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 20.02.2023

CORAM

THE HON'BLE DR JUSTICE G.JAYACHANDRAN

AND

THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN

H.C.P.(MD)No.1287 of 2022

V.Subramani

.. Petitioner

Vs.

1.The Additional Chief Secretary of Government,

Home, Prohibition and Excise Department,

Secretariat,

Chennai-9.

2.The District Collector and

District Magistrate,

Tenkasi,

Tenkasi District.

3.The Superintendent of Prison,

Central Prison,

Palayamkottai.

.. Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India to

issue a writ of Habeas Corpus, calling for the records in pursuant to the

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HCP(MD)No.1287 of 2022

proceedings of the second respondent in Detention Order in M.H.S.Confdl

No.66/2022, dated 13.06.2022 quash the same and consequently direct the

respondents to produce the detenu, namely Muthukumar @ Chainkumar,

S/o.Velusamy, aged 35 years who is now detained in Central Prison,

Palayamkottai before this Court and set him at liberty.

For Petitioner

:Mr.S.Kasirajan

For Respondents

:Mr.A.Thiruvadi Kumar

Additional Public Prosecutor

ORDER

DR G.JAYACHANDRAN,J.

and

K.K.RAMAKRISHNAN

,J.

This habeas corpus petition is filed by the brother of the detenu to

quash the detention order on the ground that the detaining authority has not

applied his mind while arrive at subjective satisfaction that there is mere

possibility of getting bail and if the detenu released on bail, it will cause

disturbance to the public peace.

2. The learned counsel appearing for the petitioner would submit that

on 25.05.2022 the detenu was arrested in a ground case in Cr.No.178 of

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HCP(MD)No.1287 of 2022

2022 for an offence under Section 394 IPC. Citing the bail order granted to

one Pitchaimuthu under Section 167(2) Cr.P.C., the detaining authority has

concluded that the petitioner will also likely to get bail. According to the

learned counsel for the petitioner, in this case, investigation has been

completed and final report was filed on 23.06.2023 which has been taken on

file in C.C.No.255 of 2022 by the learned Judicial Magistrate, Tenkasi and

therefore, there is no possibility of getting bail on default.

3. The learned Additional Public Prosecutor appearing for the

respondents would submit that at the time of slapping the detention order,

final report was not filed and therefore, possibility of getting bail was

imminent.

4. This Court, on perusing the records, finds that there is one adverse

case against the petitioner registered in the year 2019 for the offences under

Sections 147, 148, 364(A), 394, 397 and 506(ii) IPC. Since case referred by

the detaining authority were bail was granted is not a similar case, this

Court finds that the detention order suffers non-application of mind.

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HCP(MD)No.1287 of 2022

5. In fine, the Habeas Corpus Petition is allowed. The detention order

passed in M.H.S.Confdl No.66/2022, dated 13.06.2022, by the 2^nd

respondent, is set aside. Consequently, the detenu viz., Muthukumar alias

Chainkumar, S/o.Velusamy, aged about 35 years, who is now detained in

Central Prison, Palayamkottai, is directed to be released forthwith, unless

his presence or custody or detention is required in connection with any other

case.

(G.J.,J.) (K.K.R.K.,J.)

20.02.2023

Index:Yes/No

Internet:Yes/No

NCC :Yes/No

am

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HCP(MD)No.1287 of 2022

To

1.The Additional Chief Secretary of Government,

Home, Prohibition and Excise Department,

Secretariat,

Chennai-9.

2.The District Collector and

District Magistrate,

Tenkasi,

Tenkasi District.

3.The Superintendent of Prison,

Central Prison,

Palayamkottai.

4.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

DR. G