IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2019

CORAM:

THE HONOURABLE Mr.JUSTICE C.T.SELVAM

and

THE HONOURABLE Mrs.JUSTICE S.RAMATHILAGAM

H.C.P.No.2712 of 2018

Bharathi

W/o.Indhunathan

... Petitioner

-Vs-

1.State of Tamil Nadu

Rep. by its Secretary to Government,

Home, Prohibition and Excise Department,

Secretariat, Chennai – 600 009.

2.The Commissioner of Police,

Greater Chennai,

Vepery, Chennai – 600 007

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution

of India, to issue a Writ of Habeas Corpus, to call for the

entire records, relating to petitioner's friend detention under

Tamil Nadu Act 14 of 1982 vide detention order, dated 01.11.2018

on the file of the second respondent herein made in proceedings

No.1015/BCDFGISSSV/2018 and quash the same as illegal and

consequently direct the respondents herein to produce the said

petitioner's friend namely Pandian @ MGR Pandian, son of

Munusamy, aged 51 years before this Hon'ble High Court and set

the petitioner's friend at liberty from detention, now

petitioner's friend detained at Central Prison, Puzhal, Chennai

– 600 066.

For Petitioner

:

Mr.C.C.Chellappan

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 friend of the detenu, namely,

https://hcservices.ecourts.gov.in/hcservices/

Pandian @ MGR Pandian, Son of Munusamy, age 51 years, challenges

the impugned order of detention, dated 01.11.2018 in

No.1015/BCDFGISSSV/2018 detaining her friend as "IMMORAL 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).

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.111/2017

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

2.

Anti Vice Squad-I

Crime No.112/2017

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

Act

3.

Anti Vice Squad-I

Crime No.103/2018

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

The ground case has been registered against the detenu in Crime

No.110/2018 on the file of the Inspector of Police, Anti Vice

Squad Police Station, for offences 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.1015/BCDFGISSSV/2018 on 01.11.2018.

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 three adverse

case has been registered against the detenu and a ground case

was registered against him in Cr.No.110/2018 for the offences 3

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

detenu has moved bail applications in the ground case and also

adverse cases and the same are pending before the IV

Metropolitan

Magistrate

Court,

Saidapet,

Chennai

in

C.M.P.Nos.1920, 1923, 1924 and 1921 of 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

https://hcservices.ecourts.gov.in/hcservices/

cases are different. The principle of similarity cannot be

applied mechanically. Normally, bails are granted based on the

facts and circumstances of each case. Therefor