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Dhanalakshmi v/s The Additional Chief Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai.


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    H.C.P. (MD) No. 1189 of 2019

    Decided On, 30 June 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE P.N. PRAKASH & THE HONOURABLE MR. JUSTICE B. PUGALENDHI

    For the Petitioner: N. Mohideen Basha, Advocate. For the Respondents: R. Anandharaj, Additional Public Prosecutor



Judgment Text


(Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus to produce the person or body of detenu namely, Sasi @ Sasikumar aged about 25 years son of Pandian before this Court, who is detained in the Central prison, Madurai pursuant to the detention order passed by the 2nd respondent in BCDFGISSSV No.30/2019 dated 15.10.2019 and to call for the records and quash the same and release the detenu at liberty forthwith.)

P.N.Prakash, J

1. This Habeas Corpus Petition has been filed by the sister of the detenu challenging the order of detention dated 15.10.2019 passed by the District Collector and District Magistrate, Madurai under Section 3(1) of the Tamil Nadu Act 14 of 1982 detaining one Sasi @ Sasikumar as 'Goonda'.

2. The ground case on which the order of detention has been predicated is the registration of the case in Tirumangalam Town Police Station Crime No.405/2019 for the offence under Sections 147, 148, 294(b), 324, 307 IPC and Section 3 read with 27 of the Indian Arms Act 1959 and Section 2 r/w 3 of Explosives Substances Act, 1908 altered to Sections 147, 148, 294(b), 324, 307, 212, 506(II) IPC r/w Section 25(1-A), 27(2) of the Indian Arms Act 1959 and Section 3 of the Explosives Substances Act, 1908.

3. The allegation in the FIR is that on 29.08.2019, around 14 hrs., a Mahindra XUV car carrying some persons was stopped at the Kappalur Toll Gate by the toll gate staff for collection of toll charges. The occupants in the car produced a green colour pass purportedly issued to MLAs. One Deepak, the staff of the Toll Gate suspected the genuineness of the car and when he questioned the occupants, they ran the car over his right leg and crushed it. At the time, Sasi @ Sasikumar, who was one of the occupant in the car, had got down. When Deepak made hue and cry, all the staff joined and attempted to intercept the car. Sasi @ Sasikumar was not able to get into the car and the car sped away leaving him behind. Sasikumar was in possession of an unlicensed pistol with which he fired. However, the people in the toll gate managed to overpower him and he was handed over to the police, based on which, the aforesaid case on the Tirumangalam Town Police Station Crime No.405/2019 was registered. On the statement given by Sasikumar, the other occupant of the car were arrested. Enquiry revealed that Sasikumar was involved in a case in Tiruverumbur Police Station Crime No.225/2016 for offence under Sections 147, 148, 341, 307 IPC r/w 3 and 4 of Explosives Substances Act r/w 34 IPC. Being satisfied that the said Sasikumar is a Goonda, the detention order was passed on 15.10.2019, challenging which, the present habeas corpus petition has been filed.

4. Mr.N.Mohideen Basha, learned counsel for the petitioner, submitted that the petitioner had sent a representation to the Government on 05.11.2019, but the same was not considered. In support of his contention, a copy of the representation along with a postal receipt dated 06.11.2019 has been filed in the typed set of papers.

5. Responding to this allegation, the detaining authority has filed a counter stating that no representation has been received from the petitioner or from the detenu and that any representation can be given only through the prison authorities. It is further contended that the petitioner has not enclosed the postal Acknowledgment Card in support of proof of delivery of the representation. In the impugned detention order, it has been very clearly stated as follows:

“6. Sasi @ Sasikumar is informed that this detention order shall not remain in force for more than 12 days after making thereof unless in the meantime, it has been approved by the State Government and he is also informed that he has a right to make representation in writing against the detention order to the State Government and if he wishes to make any representation to the State Government, he should address it to the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai

– 9 through the Superintendent of Central Prison, Madurai, in which he is detained, as expeditiously as possible. Further, it is informed that he has a right to make representation to the Chairman, Advisory Board, 32 Rajaji Salai, Singaravelar Maligai, Ground Floor (Backside entrance) Chennai Collectorate, Chennai – 600001 through the Superintendent of Central Prison, Madurai.” [emphasis supplied]

6. A reading of the representation dated 05.11.2019 shows that the petitioner has asked for certain documents in order to give a further representation against the detention order effectively. The detention order was passed on 15.10.2019 and the grounds of detention was also served on the detenu in the jail on 16.10.2019. Therefore, we hold that no representation was given either by the detenu or on behalf of him for revoking the order of detention.

7. The learned counsel for the petitioner contended that the detenu was arrested in Crime No.405/2019 on 29.08.2019 and the detention order was passed after 45 days ie., on 15.10.2019 and hence, the same is vitiated.

8. We are unable to agree with this submission because the detaining authority has relied upon a huge volume of documents numbering 605 pages for clamping the order of detention. Law does not say that the detention order should be passed within a particular time frame after the detenu was arrested in the ground case.

9. Mr.N.Mohideen Basha contended that there is no threat to public order and hence, the detention order is vitiated. On a reading of the facts obtaining in the ground case, we find that the detenu has opened fire with an unlicensed fire arm and he was found in possession of one Pistol 7.62 x 25 TOKAREW TT 33 AUTO PISTOL A-230 and three numbers of pistol cartridges. The incident had taken place in broad day light on 29.08.2019 at a crowded toll plaza and therefore we cannot hold that the act of the detenu in opening fire in a public place would not affect public order.

10. Finally, Mr.N.Mohideen Basha contended that bail petition filed by the detenu was admittedly dismissed by the Principal Sessions Judge, Madurai, in Cr.M.P.No.4407 of 2019 on 23.09.2019 and the detaining authority has relied upon the order dated 01.10.2019 passed by this Court in Crl.O.P.(MD) No.13957/2019 on 01.10.2019 granting bail to the co-accused Karthikeyan (A-4) and Ragupathy (A-7) in the same ground case to infer that the detenu also would get bail. He built up his contention further by taking us through the bail order, wherein, in Paragraph No.3, the learned Judge has stated as follows:

“3.The case in question was registered in connection with the incident that had taken place in Kappalur toll plaza on 29.08.2019, the accused No.1 to 6 were travelling in a vehicle and did not pay the toll fee. The second accused is said to have fired shots in the air. The first petitioner is not having any previous case. He is not said to have played any part. He had only accompanied with the other accused. The second petitioner was not even in the shot. He had arranged vehicle to enable the other accu

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sed to get away from Madurai.” Based on the above, the learned counsel contended that the learned single Judge, who granted bail to the co-accused, would not have granted bail to the detenu herein. 11. We are afraid that the detaining authority cannot dissect the bail order and conclude that the bail application of the detenu will be dismissed by the Court. Bail orders in similar cases are relied upon mainly to show the probability of the detenu also being released on bail and for nothing else. The fact that the co-accused have been released on bail is a good ground to infer that the detenu also will be so released. 12. In fine, we find no infirmity in the detention order warranting interference of this Court. Accordingly, the Habeas Corpus Petition is dismissed.
O R







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