IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:- 09.08.2010 CORAM: THE HON'BLE MR.JUSTICE M. CHOCKALINGAM AND THE HON'BLE MR.JUSTICE M. SATHYANARAYANAN HCP. No.595 of 2010 Vijayalakshmi ... Petitioner Vs. 1.The Govt. of Tamil Nadu, rep. by the Secretary to Government, Home, Prohibition and Excise Department., St. George Fort, Chennai – 600 009. 2. The Commissioner of Police, City Commissioner Office, Tiruchirappalli. 3. The Inspector of Police, Palakkarai P.S., Trichy City. ... Respondents Petition under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, to call for the entire records relating to the detention order dated 5.3.2010 passed by the 2nd respondent made in C.P.O/T.C/I.S/D.O. No.23/2010 and quash the same and direct the respondents to produce the body of the detenu i.e. petitioner's son Manoharan @ Manoj, aged about 24 years, S/o. Bista Murugesan now confined in Central Prison, Trichy before this Court and set him at liberty forthwith. For Petitioner : Mr. D. Manikandan For Respondents: Mr. Babu Muthumeeran, 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 Habeas Corpus Petition challenges the order of detention made by the second respondent in No. C.P.O/T.C/I.S/D.O. No.23/2010 dated 5.3.2010, whereby the son of the petitioner by name Manoharan @ Manoj was ordered to be detained under the Act 14 of 1982 branding him as "Goonda". 2. Affidavit filed in support of the petition and all the materials including the order under challenge is perused. 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) K.K. Nagar Police Station Crime No.22 of 2007 for the offence under Section 379 of the Indian Penal Code; (ii) Fort Police Station Crime No.803 of 2007 for the offences under Sections 397 of the Indian Penal Code @ 392 read with 506(ii) of the Indian Penal Code; (iii) Palakkarai Police Station Crime No.76 of 2009 for the offences under Sections 387, 506(ii) of the Indian Penal Code and (iv) Palakkarai Police Station Crime No.1185 of 2009 for the offence under Sections 387 and 506(ii) of the Indian Penal Code and also one ground case viz. Crime No.269 of 2010 registered by Palakkarai police station for the offence under Section 392 read with 397 of the Indian Penal Code for the occurrence which taken place on 10.2.2010, the Detaining Authority, after recording his subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, has made the order under challenge. 4. Advancing arguments on behalf of the petitioner, learned counsel raised three points, which, according to him, would suffice to set aside the order. Firstly, a representation was made on 18.3.2010, but the same was not considered at all. Secondly, there is a discrepancy noticed in Form 95 in respect of the weapon of crime and also the notice served upon the detenu. Thirdly, when there is no imminent possibility, the Authorities have pointed out that there was a imminent possibility of the detenu coming out on bail, but no material much less cogent material was placed by the Authorities to come to such conclusion. Under such circumstances, the order under challenge has got to be set aside. 5. This Court heard the learned Additional Public Prosecutor on the above contentions. This Court paid its anxious consideration on the submissions made by either side. 6. As could be seen from the order, the Detaining Authority has recorded its subjective satisfaction that the activities of the detenu are prejudicial to the maintenance of public order on the https://hcservices.ecourts.gov.in/hcservices/ strength of four adverse cases and one ground case, which are narrated above. It is also not disputed by the learned counsel appearing for the State that the representation was made on 18.3.2010 and the same was received on 25.3.2010 and disposed of on 9.4.2010. It is not correct to state that the representation was not considered and disposed of. Hence the Court is unable to see any force in the first point raised by the learned counsel appearing for the petitioner. 7. Secondly, insofar as the discrepancy found in the description of weapon of crime is concerned, as could be seen from Form 95 and also the copy served upon the detenu, the same cannot be urged as a point. It cannot be said to be the document relied on, but only the document referred to. Hence the said contention also cannot be countenanced. 8. Insofar as third point is concerned, the Authorities have stated in the detention order that there was a imminent possibility of detenu coming out on bail. At this juncture, it is pertinent to point out that insofar as other bail applications filed by the detenu in Crime Nos.22 of 2007. 803 of 2007, 76 of 2009 and 1185 of 2009 are concerned, he was let on bail. Under such circumstances, when the bail application filed by the detenu is pending in other case, there is a likelihood of detenu coming out on bail. Hence the Authorities have applied their mind and made the observations. 9. In view of the above, this Court is unable to see any force in anyone of the points. In such circumstances, the Habeas Corpus Petition is dismissed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. ssa. https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to Government, The Govt. of Tamilnadu, Home, Prohibition and Excise Department., St. George Fort, Chennai – 600 009. 2. The Commissioner of Police, City Commissioner Office, Tiruchirappalli. 3. The Inspector of Police, Palakkarai P.S., Trichy City. 4. The Superintendent, Government Prison, Trichy H.C.P. No.595 of 2010 MBS(CO) EU 23.08.2010. https://hcservices.ecourts.gov.in/hcservices/