H.C.P.No.2710 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

H.C.P.No.2710 of 2022

A.Priya

W/o.Arunagiri

.. Petitioner

Vs.

1.

The Secretary to Government (Home)

Prohibition and Excise Department

Government of Tamil Nadu

Fort St.George, Chennai-600 009.

2.

The Commissioner of Police

Greater Chennai

132, EVK Sampath Road,

Vepery, Periyamet,

Chennai, Tamil Nadu - 600 007.

3.

The Superintendent of Prison

Central Prison, Puzhal

NH 5, Mahalakshmi Nagar,

New Central Jail, Puzhal

Chennai, Tamil Nadu - 600 066.

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H.C.P.No.2710 of 2022

4.

The Inspector of Police

V-7, Nolambur Police Station

Mogappair Eri Scheme

Mogappair East, Chennai,

Tamil Nadu-600 037.

..

Respondents

Petition filed under Article 226 of the Constitution of India praying

for issuance of a writ of habeas corpus to call for the records of the 2nd

respondent pertaining to detention order dated 17.08.2022 vide

Memo.No.248/BCDFGISSSV/2022 and quash the same and consequently,

produce the detenu Mr.Arunagiri @ Arun, son of Ramesh, aged about 30

years before this Hon'ble Court and set him at liberty and the detenu now he

has been confined at Central Prison, Puzhal, Chennai District.

For Petitioner

:

Mr.B.Giridharan

For Respondents

:

Mr.R.Muniyapparaj

Additional Public Prosecutor

assisted by

Mr.M.Sylvester John, Advocate

O R D E R

[Order of the Court was made by M.SUNDAR, J.,]

Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has

been filed by wife of the detenu assailing a 'preventive detention order dated

17.08.2022 bearing reference No.248/BCDFGISSSV/2022' [hereinafter

'impugned detention order' for the sake of convenience and brevity]. To be

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H.C.P.No.2710 of 2022

noted, fourth respondent is the sponsoring authority and second respondent

is the detaining authority as the impugned detention order has been made by

second respondent.

2. Impugned detention order has been made under 'The Tamil Nadu

Prevention of Dangerous Activities of Bootleggers, Cyber law offenders,

Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders,

Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act,

1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the

sake of convenience and clarity] on the premise that the detenu is a 'Goonda'

within the meaning of Section 2(f) of Act 14 of 1982.

3. There are four adverse cases and one ground case. The ground

case which is the sole substratum of the impugned detention order is Crime

No.317 of 2022 on the file of V-7 Nolambur Police Station for the alleged

offences under Sections 341, 294(b), 336, 427, 397 and 506(ii) of 'The

Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of

convenience and clarity]. Owing to the nature of the challenge to the

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H.C.P.No.2710 of 2022

impugned detention order, it is not necessary to delve into the factual matrix

or be detained further by facts.

4. Mr.B.Giridharan, learned counsel on record for petitioner and

Mr.R.Muniyapparaj, learned State Additional Public Prosecutor, assisted by

Mr.M.Sylvester John, learned counsel for all respondents are before us.

5. In the support affidavit qua captioned HCP, very many grounds

have been urged / raised but in the hearing today Mr.B.Giridharan, learned

counsel on record for the petitioner in his campaign against the impugned

detention order exhorted one point and that one point turns on subjective

satisfaction arrived at by the Detaining Authority qua imminent possibility

of the detenu being enlarged on bail. Elaborating on this submission,

learned counsel, adverting to the impugned detention order submitted that

the Detaining Authority has arrived at such subjective satisfaction prim