IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2018

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM

and

THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM

H.C.P. No.2156 of 2018

N.Fathima @ Parvathy

... Petitioner

-Vs-

1.The State of Tamil Nadu

Rep.by the Secretary to the Government,

Prohibition and Excise Department,

Fort St George, Chennai 600 009.

2.The Commissioner of Police,

Greater Chennai City,

Vepery, Chennai-600 007.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of

India, to issue a Writ of Habeas Corpus, directing the

respondents to produce the detenu Raja Mohamed, aged 40 years,

before this Hon'ble Court, now confined in the Central Prison-

II, Puzhal, Chennai and set him at liberty and to call for the

records pertaining to the Memo No.421/BCDFGISSSV/2018 dated

21.06.2018 and set aside the same.

For Petitioner

:

Mr.C.K.M.Appaji

For Respondents

:

Mr.R.Prathap Kumar

Additional Public Prosecutor

ORDER

[Order of the Court was made by C.T.SELVAM, J]

The petitioner, who is the mother of the detenu, namely,

Raja Mohammed, Son of Noor Mohammed, age 40 years, challenges

the impugned order of detention, dated 21.06.2018 in

No.421/BCDFGISSSV/2018 detaining her son as "IMMRAL TRAFFIC

OFFENDER", as contemplated under Section 2(g) of 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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2. The detenu has come to adverse notice in the following

case:-

S.No. Police Station & Crime No.

Section of Law

1.

Anti Vice Squad-I

Crime No.32/2017

3(2)a, 4(1) & 5(1)a of ITP

Act

2.

Anti Vice Squad-I

Crime No.111/2017

4(1) & 5(1)a of ITP Act

The ground case has been registered against the detenu in Crime

No.80/2018 on the file of the Inspector of Police, Anti Vice

Squad-I, Anti Vice Squad Police Station for offences u/s 3(2)a,

4(1), 5(1)a, 6(1) & 7(1) of ITP Act. The detention order has

been passed by second respondent in No.421/BCDFGISSSV/2018 on

21.06.2018.

3. We have heard the learned counsel for the petitioner and

the learned Additional Public Prosecutor appearing for the

respondents. We have also perused the records produced by the

Detaining Authority.

4. Though several grounds have been raised in the Habeas

Corpus Petition,

the learned counsel appearing for the

petitioner, confines his argument only in respect of non-

application of mind on the part of the detaining authority in

passing the order of detention.

5. The Grounds of Detention would reveal that two adverse

cases have been registered against the detenu and a ground case

was registered against him in Cr.No.80/2018 for the offences

u/s.3(2)a, 4(1), 5(1)a, 6(1) & 7(1) of ITP Act. Admittedly, the

detenu has moved bail application in the ground case and the

same is pending before the IV Metropolitan Magistrate Court,

Saidapet, Chennai, in Crl.M.P.No.1597/2018. Therefore, the

probability of release of the detenu imminently does not arise.

Hence, we are inclined to set aside the detention order. Though

the detaining authority has made reliance on similar case, in

which an accused was granted bail, the facts involved in those

cases are different. The principle of similarity cannot be

applied mechanically. Normally, bails are granted based on the

facts and circumstances of each case. Therefore, similar case

plea, cannot be taken into consideration. Hence, there is no

material to substantiate that there is real possibility of the

detenue coming out on bail and the said order was passed without

application of mind.

6. In the result, the Habeas Corpus Petition is allowed and

the order of detention in No.421/BCDFGISSSV/2018 dated

21.06.2018, passed by the second respondent is set aside. The

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