1

Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal No 561 of 2022

(Arising out of SLP(Crl) No 1788 of 2022)

Mallada K Sri Ram

.... Appellant(s)

Versus

The State of Telangana & Ors

....Respondent(s)

J U D G M E N T

Dr Dhananjaya Y Chandrachud, J

1

Leave granted.

2

This appeal arises from a judgment dated 25 January 2022 of a Division Bench of

the High Court for the State of Telangana dismissing the writ petition seeking a

writ of habeas corpus.

3

The brother¹ of the appellant worked as an employee with an entity by the name

of M/s Ixora Corporate Services², Banjara Hills, Hyderabad. On 13 October 2020,

a complaint was lodged on behalf of the Company with the SHO, Banjara Hills,

alleging that K Mahendar, another employee at the Company, had opened a

salary account with the Federal Bank without authorization and in conspiracy

with the detenu collected an amount of Rs 85 lakhs from 450 job aspirants. It

1 “detenu”

2 “Company”

Digitally signed by

Sanjay Kumar

Date: 2022.04.08

17:03:49 IST

Reason:

Signature Not Verified

2

was alleged that the co-accused who was in charge of the HR Department at the

Company had, in collusion with the detenu, hatched a plan to collect money

from individuals by misrepresenting that they would be given a job at the

Company and collected money from aspirants for opening a bank account and

supplying uniforms.

4

The first FIR, FIR No 675 of 2020, was registered on 15 October 2020 at Police

Station Banjara Hills against K Mahendar (A-1) and the detenu (A-2) for offences

punishable under Sections 408, 420, 506 and 120B of the Indian Penal Code

1860³. On 17 December 2020, another FIR, FIR No 343 of 2020, was registered

at Police Station Chatrinaka against the detenu for offences punishable under

Sections 408, 420 and 120B IPC based on similar allegations at the behest of

another informant. The detenu was arrested, in the first case, on 17 December

2020 and, in the second case, on the execution of a PT warrant on 4 January

2021. In the first case, the detenu was released on bail on 8 January 2021 in

terms of an order dated 31 December 2020, subject to the condition that he

shall appear before the SHO, Police Station Banjara Hills on Mondays between

10.30 am and 5 pm till the filing of the charge-sheet. In the second case, the

detenu was released on bail by an order dated 11 January 2021, subject to the

condition that he shall appear before the SHO, Police Station Chatrinaka on

Sundays between 2 pm and 5 pm for a period of three months. The Court has

been apprised of the fact that the charge-sheet has been submitted in the first

case.

5

An order of detention was passed against the detenu on 19 May 2021 under the

provisions of Section 3(2) of the Telangana Prevention of Dangerous Activities of

Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land

Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders,

3 “IPC”

3

Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities

Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive

Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar

or Financial Offenders Act 1986⁴. The order of detention was challenged before

the High Court in a petition under Article 226 of the Constitution. The Division

Bench of the High Court dismissed the petition by its impugned judgment and

order dated 25 January 2022.

6

Mr A Sirajudeen, senior counsel appearing on behalf of the appellant, submits

that there is ex facie, non-application of mind by the detaining authority while

passing the order of detention. Senior counsel submitted that this would be

evident from the fact that the detenu had been granted bail almost five months

prior to the order of detention. The grant of bail was subject to the condition that

the detenu would report to the SHO of the police station concerned, in the first

case, until the charge-sheet