IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:- 25.08.2010 CORAM: THE HON'BLE MR.JUSTICE M. CHOCKALINGAM AND THE HON'BLE MR.JUSTICE M. SATHYANARAYANAN H.C.P. No.930 of 2010 Logeswari ... Petitioner Vs. 1.The State of Tamil Nadu, rep. by its Secretary to Government, Home, Prohibition and Excise Department., Fort St. George, Chennai – 600 009. 2. The Commissioner of Police, Chennai Police, 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 detention made in Memo No.221/B.D.F.G.I.S.S.V./2010 dated 17.4.2010 passed by the Commissioner of Police, Chennai Police, Chennai the second respondent herein and set aside the same and direct the respondents to produce the detenu before this Court and set the detenu Thiru. Karthik @ Sivakarthik @ Karthikeyan, Son of Gurusamy, now confined in Central Prison, Puzhal, Chennai at liberty. For Petitioner : Mr. R. Balakrishnan For Respondents: Mr. Babu Muthu Meeran, Additional Public Prosecutor O R D E R (Order of the Court was made by M. CHOCKALINGAM,J) This petition is brought forth by the wife of the detenu challenging the order of the second respondent in Memo No.221/B.D.F.G.I.S.S.V./2010 dated 17.4.2010, whereby her husband Karthik @ Sivakarthik @ Karthikeyan was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982. https://hcservices.ecourts.gov.in/hcservices/ 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 two adverse cases viz. (i) K.1 Sembium Police Station Crime No.159/2010 for the offences under Sections 120-B, 363, 342, 307, 397 and 506(2) of the Indian Penal Code and (ii) K-1 Sembium Police Station Crime No.168/2010 for the offences under Sections 341, 353, 294(b) and 506(2) of the Indian Penal Code and one ground case in Crime No.173 of 2010 registered by K.1 Sembium police station for the offences under Sections 341, 332, 336, 307, 427 and 506(2) of the Indian Penal Code for the incident that had taken place on 26.3.2010 and the detenu was arrested on the same day, 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 ground urged by the learned counsel for the petitioner is that actually the petitioner did not file any bail application before any Criminal Court either in adverse cases or the ground case. But the Detaining Authority has observed in the detention order that there was a real possibility of detenu coming out on bail and thus, the said observation is without any material much less cogent material, which would vitiate the detention order. 5. This Court heard the learned Additional Public Prosecutor on the above contentions and paid its anxious consideration on the submissions made. 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 two adverse cases and one ground case as referred to above, and has recorded the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order. 7. As rightly pointed out by the learned counsel appearing for the petitioner, no bail application was filed in either of the cases, but the Detaining Authority has stated in the detention order as follows:- " 4. I am aware that Thiru. Karthik @ Sivakarthik @ Karthikeyan, is in remand in K.1 Sembium Police Station Crime No.159/2010 and 173/2010 he has not moved any bail so far. The sponsoring authority has stated that the relatives https://hcservices.ecourts.gov.in/hcservices/ of Thiru. Karthik @ Sivakarthik @ Karthikeyan are taking action to take him on bail in the above case by filing bail application before the Court. Since in a case registered under Sections 341 and 307 IPC at E-2 Royapettah Police Station Cr.No.382/2009, bail was granted in Crl.M.P. No.5266/2009 by the Court of Principal Sessions, Chennai, within 21 days. Hence there is real possibility of his coming out on bail by filing bail application in the above case before the appropriate Court. 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. " 8. From the reading of the above, it would clearly indicate the fact that the Authority was aware of the fact that no bail application was filed in anyone of the cases, but the observation made by the Authority that there was a real possibility of the detenu coming out on bail is 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. But the law under the circumstances would require that materials must be sufficiently available before recording subjective satisfaction, but it is lacking in the instant case. This is the only ground raised by the learned counsel for the petitioner to set aside the detention order. This Court is of the considered opinion that this ground is sufficient to set aside the detention order. 9. Accordingly, the Habeas Corpus Petition is allowed, setting aside the detention order passed by the second respondent in Memo No.221/B.D.F.G.I.S.S.V./2010 dated 17.4.2010. The detenu, namely, Karthik @ Sivakarthik @ Karthikeyan, 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. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar ssa. https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to Government, Home, Prohibition and Excise Department., Fort St. George, Chennai – 600 009. 2. The Commissioner of Police, Chennai Police, Chennai. 3. The Superintendent Central prison puzhal, Chennai. 4. The Joint Secretary to Government Public (Law and order) Fort St. George Madras-9. 5. The Public Prosecutor, High Court, Madras. H.C.P. No.930 of 2010 TS(CO) EU 17.09.2010. https://hcservices.ecourts.gov.in/hcservices/