IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:- 22.10.2010 CORAM: THE HON'BLE MR.JUSTICE M. CHOCKALINGAM AND THE HON'BLE MR.JUSTICE C.S. KARNAN H.C.P. No.1526 of 2010 V. Kannan ... Petitioner Vs. 1.The State, rep. by its Secretary, Government of Tamil Nadu, Home, Prohibition and Excise Department., Fort St. George, Chennai – 600 009. 2. The Commissioner of Police, Chennai City Suburban Area, St. Thoms Mount, Chennai – 600 016. 3. The State, rep. by its Inspector of Police, S-7, Madipakkam Police Station, Chennai. ... Respondents Petition under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, to call for the records of the second respondent in B.D.F.G.I.S.S.V. No.78/2010 dated 14.4.2010 and quash the same and thereby direct the respondents to produce the brother of the petitioner namely Thiru V. Karthik, S/o. Venkatachalam, aged about 38 years (detenu) now detained at Central Prison, Puzhal, Chennai before this Court and set him forthwith. For Petitioner : Ms. A. Yamuna for Mr.M.Ravikumar For Respondents : Mr. M. Babu Muthu Meeran, Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ O R D E R (Order of the Court was made by M. CHOCKALINGAM,J) This petition is brought forth by the brother of the detenu challenging the order of the second respondent in B.D.F.G.I.S.S.V. No.78/2010 dated 14.4.2010, whereby his brother V. Karthik was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982. 2. The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge. 3. It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in four adverse cases viz. (i) Crime No.10 of 2010 registered by S-7 Madipakkam Police Station for the offences under Sections 457, 380 of the Indian Penal Code; (ii) Crime No.50 of 2010 registered by S8 Adambakkam Police Station for the offence under Section 379 of the Indian Penal Code; (iii) Crime No.62 of 2010 registered by S-8 Adambakkam Police Station for the offence under Section 379 of the Indian Penal Code; (iv) Crime No.214 of 2010 registered by S-10 Pallikaranai Police Station for the offence under Section 379 of the Indian Penal Code and one ground case in Crime No.218 of 2010 registered by S-7 Madipakkam police station for the offences under Sections 341, 294(b), 323, 427, 392, 506(ii) of the Indian Penal Code for the incident that had taken place on 23.3.2010 and the detenu was arrested on 24.3.2010, the Detaining Authority, on scrutiny of materials placed, passed the detention order, after arriving at the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, which is the subject matter of challenge before this Court. 4. The only contention put forth by the learned counsel for the petitioner with vigor and vehement is that the detenu has not filed any bail application in all the adverse cases and the ground case. But the Authority has observed that there was a real possibility of the detenu coming out on bail. The said observation is without any basis. 5. This Court heard the learned Additional Public Prosecutor on the above contentions and paid its anxious consideration on the submissions made. https://hcservices.ecourts.gov.in/hcservices/ 6. As could be seen from the available materials, the Detaining Authority has made the order of detention terming the detenu as a Goonda, on the strength of the materials placed before him pertaining to four adverse cases and one ground case as referred to above and has recorded its subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order. 7. It is an admitted position that the detenu has not filed any bail application in all the adverse cases and the ground case. But the Authority has observed in paragraph 4 of the detention order as follows:- " 4. I am aware that Thiru. Karthik is in remand in S-7, Madipakkam Police Station Crime Nos.10/2010 & 218/2010. He has not filed any bail petition so far. I am also aware that there is real possibility of his coming out on bail for the above cases by filing a bail application before the Court of Sessions or Hon'ble High court, since in similar cases bails are granted by the above courts after a lapse of time. If he comes out on bail, he will indulge in further activities which will be prejudicial to the maintenance of public order. Further the recourse to normal criminal law would not have the desired effect of effectively preventing him from indulging in such activities, which are prejudicial to the maintenance of public order. On the materials placed before me, I am fully satisfied that Thiru. Karthik is a Goonda and that there is a compelling necessity to detain him in order to prevent him from involving in such further activities in future which are prejudicial to the maintenance of public order under the provisions of the Tamil Nadu Act 14 of 1982." 8. From the above, it is quite clear that the observation of the Detaining Authority is without any material. It is only an expression of the impression in the mind of the Authority and only an inference and that too without any basis or materials much less cogent materials as the law would require. On this ground, the order of detention has got to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 9. Accordingly, the Habeas Corpus Petition is allowed, setting aside the detention order passed by the second respondent in B.D.F.G.I.S.S.V. No.78/2010 dated 14.4.2010. The detenu, namely, V.Karthik, who is now confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith unless his custody/detention is required in connection with any other case. ssa. Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Secretary, The Government of Tamil Nadu, Home, Prohibition and Excise Department., Fort St. George, Chennai – 600 009. 2. The Commissioner of Police, Chennai City Suburban Area, St. Thoms Mount, Chennai – 600 016. 3. The Inspector of Police, S-7, Madipakkam Police Station, Chennai. 4. The Joint Secretary to the Government of Tamil Nadu, Public (Law and Order) Department, Fort St George, Chennai 9. 5. The Public Prosecutor, High Court, Madras 6.The Superintendent, Central Prison, Puzhal, Chennai. + 1 cc to Mr. M. Ravikumar, Advocate SR No.76333 JRG(CO) SR/9.11.2010 H.C.P. No.1526 of 2010 https://hcservices.ecourts.gov.in/hcservices/