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Surya v/s The State of Tamil Nadu Rep. by its Principal Secretary to Government, Home, Prohibition and Excise Department, Chennai & Others


Company & Directors' Information:- SURYA INDIA LIMITED [Active] CIN = L74899DL1985PLC019991

Company & Directors' Information:- AT HOME INDIA PRIVATE LIMITED [Active] CIN = U17211DL2001PTC112255

Company & Directors' Information:- SURYA T V LIMITED [Strike Off] CIN = U74899DL2000PLC104798

Company & Directors' Information:- V HOME PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109331

Company & Directors' Information:- G. P. HOME PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102MH2011PTC213056

    H.C.P. No. 810 of 2019

    Decided On, 04 June 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE T. RAJA & THE HONOURABLE MR. JUSTICE B. PUGALENDHI

    For the Petitioner: M. Jegadeesh Pandian, Advocate. For the Respondents: K. Dinesh Babu, Addl. Public Prosecutor.



Judgment Text


(Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a writ of Habeas Corpus to call for the records pertaining to the proceedings of the 2nd respondent made in his Proceedings in No.42/BCDFGISSSV/2019 dated 15.07.2019 and quash the same and set the petitioner's son by name, Muthupandi, S/o.Kumar, aged about 22 years, set him at liberty from 3rd respondent.)

T. Raja, J.

1. Mrs.Surya, W/o.Kumar has filed this Writ of Habeas Corpus, challenging the validity of the impugned order of detention dated 15.07.2019 passed by the Commissioner of Police, Madurai, the 2nd respondent herein in Proceedings in No.42/BCDFGISSSV/2019, to quash the same and to set her son Muthupandi, S/o.Kumar at liberty.

2. Learned Counsel appearing for the petitioner submitted that the 2nd respondent while passing the impugned detention order has not followed the principles established by law because they have not informed the detention to the family members of the detenu. The 2nd respondent Commissioner of Police, Madurai City, in paragraph 4 of the detention order has observed that her son got arrested in connection with a ground case in Crime No.412/2019 of B4 Keeraithurai Police Station for the offences under Sections 147, 148, 448, 506(ii) and 302 of IPC altered into Sections 147, 148, 448, 506(ii), 392 and 302 of IPC and Section 25(1-A) of the Arms Act, 1959 altered into Section 120-B, 147, 148, 448, 506(ii), 392, 302 of IPC and 25(1-A) Arms Act, 1959 and the order also specifically mentions that the detenu has filed a Bail Petition before the learned Principal District and Sessions Judge, Madurai in Crl.M.P.No.2392/2019 and the same was pending disposal as on the date of the detention order i.e. 15.07.2019. The detention order further says that one co-accused Muniyasamy @ Padam Muniyasamy was granted bail by the Madurai Bench of this Court in Crl.O.P.(MD) No.8539/2019 on 25.06.2019. Therefore, the 2nd respondent appears to have inferred that there is a real possibility of the detenu coming out on bail in the above case and if he comes out on bail, he would indulge in future activities which would be prejudicial to the maintenance of public order. The above reasoning given by the Detaining Authority shows that the Detaining Authority has not applied his mind properly for the reason that the 2nd respondent failed to consider the fact that at the time of passing the detention order whether the said bail application was pending before the Sessions Court or not, but nowhere in the detention order the detaining authority mentioned about the date of filing bail application, date of hearing, date of pending disposal whereas the detention order has been passed on 15.07.2019 without verifying the pendency of the bail application. Hence, this non-application of mind would vitiate the impugned detention order, it is pleaded.

3. The learned Counsel for the petitioner further submitted that when the detention order says that the co-accused Muniyasamy @ Padam Muniyasamy was granted bail by the Madurai Bench of this Court, it has to be seen that the said Muniyasamy was granted bail on the ground that though he had two previous cases, but the same are not similar in nature. Insofar as the present detenu is concerned, the Sponsoring Authority did not place the entire materials before the Detaining Authority. For all these reasons, the impugned order is liable to go.

4. A detailed Counter affidavit has been filed by the 2nd respondent, the Commissioner of Police, Madurai city, Madurai.

5. Learned Additional Public Prosecutor appearing for the respondents opposing the contention of the learned Counsel for the petitioner submitted that the detenu has come to adverse notice in the ground case registered by B4 Keeraithurai Police Station Crime No. 412/2019 for the offences under Sections 147, 148, 448, 506(ii) and 302 of IPC altered into Sections 147, 148, 448, 506(ii), 392 and 302 of IPC and Section 25(1-A) of the Arms Act, 1959 altered into Section 120-B, 147, 148, 448, 506(ii), 392, 302 of IPC and 25(1-A) Arms Act, 1959. Though the detenu also has moved the bail application, the same was pending. As per the ground case, one Vasantha, w/o.Pandian is residing at Flat No.572, TNHB Colony, Anuppanadi, Madurai for rent and her ancestral house is located at Door No.50/216, Subbammal Compound, Sinthamani Main Road, Madurai. While so, one Jeyanthlal is residing at the ground floor for lease whereas one Seenivasan is residing at the first floor of the house for rent. On 18.04.2019 at about 12.00 hours, Vasantha came to the said house and was sitting on the stairs in the ground floor. Around 13.00 hours, M.S.Pandian, son-in-law of V.K.Gurusamy, who was known to her, came there running and rushing inside the house where Jeyanthilal is residing in the ground floor. It is, at that time, 5 persons armed with deadly weapons chased the said M.S.Pandian and trespassed into the house and all of them attacked M.S.Pandian repeatedly with aruvals and swords. When Vasantha tried to prevent them, the five persons threatened to cut and kill her also. Therefore, she raised alarm. However, the said M.S.Pandian was indiscriminately attacked. Thereafter when she went inside the house, she found M.S.Pandian was lying in a pool of blood with cut injuries. An amputated finger of M.S.Pandian was found inside the house. At the entrance of the house, a bullet and a broken cell phone were also found. Thereafter, the said victim was shifted to nearby Velammal Hospital by an ambulance. However, he was pronounced dead by the doctors.

6. The learned Additional Public Prosecutor further submitted that thereafter, Vasantha came to B4 Keeraithurai Police Station and prepared a complaint statement requesting action, based on which a FIR in B4 Keeraithurai P.S.Cr.No.412/2016 for offences under Sections 147, 148, 448, 506(ii) and 302 of IPC was registered. After thorough investigation, Manikandan @ Chinna Vavuthalai, S/o.Alagarsamy and the detenu Muthupandi, S/o.Kumar were arrested on 24.04.2019 and their confession statements were also recorded. Besides, the case properties, namely, a Two Wheeler was seized from Manikandan @ Chinna Vavuthalai and a sword and Aruval were seized from Muthupandi under Athachi. Thereafter, the duo were produced before the Judicial Magistrate No.IV, Madurai on 24.04.2019 and remanded to judicial custody at the Central Prison, Madurai. On 27.04.2019, Manikandan @ Chinna Vavuthalai and the detenu Muthupandi were transferred to the District Prison, Ramanathapuram and their remand period was extended up to 22.07.2019. Further, the investigation reveals that there was a previous enmity prevailing between V.K.Gurusamy and Rajapandi of Keeraithurai area over political rivalry and family disputes for years together. Due to that, both the parties carried out their revenge murders. Recently, V.K.Gurusamy's son V.K.G.Mani and Son-in-law M.S.Pandian kidnapped Thoppilli Muniyasamy S/o.Rajapandi, murdered him and burnt his body into ashes. Therefore, in order to take revenge, the supporters of Rajapandi murdered one Muniyasamy on 12.06.2018 mistaking him as M.S.Pandian. In continuation, Kalimuthu @ Vellaikali, relative of Rajapandi insisted Boomi @ Boominathan on several occasions to murder M.S.Pandian. Under such circumstances, the accused Boomi @ Boominathan joining with other accused Rambabu, Selvam @ Pinam Thinni, Soundarapandi @ Pachaikari came in a car armed with deadly weapons driven by Padam @ Muniyasamy. Chinna Vavuthalai followed them on a two wheeler with the detenu Muthupandi as a Pillion Rider. Muthukumar @ Pattakumar was driving another two wheeler with Vinothkumar @ Seda Vinoth as pillion rider and followed them and all of them rushed to Nagupillai Thope. After seeing M.S.Pandian going on walk, Boomi @ Boominathan, who was in the car shot M.S.Pandian with a pistol in his possession. On hearing the sound, M.S.Pandian, escaped from them and ran away. Immediately Boomi @ Boominathan, Selvam @ Pinam Thinni armed with big aruval, Soundarapandi @ Pachaikari armed with a big sword, detenu Muthupandi and Chinna Vavuthalai armed with deadly weapons chased M.S.Pandian and attacked him indiscriminately. On seeing this, when Vasantha tried to prevent them, the assailants threatened her also and fled away from there by car and two wheelers. They have also robbed a Two Wheeler TN 59 BP 5477 creating panic and feeling of insecurity in the minds of the local people and thereby acted in a manner prejudicial to the public order. Even the shopkeepers there also closed their shops and the vehicle riders came on that way also returned.

7. The learned Additional Public Prosecutor also submitted that when M.S.Pandian was killed by the accused Boomi @ Boominathan with pistol with prior conspiracy and also robbed the two wheeler from an innocent rider who came on that way, the detenu Muthupandi and his associate Manikandan @ Chinna Vavuthalai, S/o.Alagarsamy were arrested on 24.04.2019. Moreover, Bhuvaneswaran @ Bhuvanesh @ Kocha S/o.Ganesa on his arrest has given a confession statement on 25.04.2019 and he was remanded to judicial custody. Besides, Muniyasamy @ Padam Muniyasamy, S/o.Muthu was arrested on 26.04.2019 and his confession statement was recorded. Thereafter, he was produced before the learned Judicial Magistrate No.IV , Madurai on 26.04.2019 and remanded to judicial custody. When the investigation team was searching the other accused, Soundarapandi @ Pachaikari S/o.Chellapandi, Vinothkumar @ Seda Vinoth, S/o.Chinnapandi and Rambabu, S/o.Murugan surrendered before the learned Judicial Magistrate No.I, Trichy on 24.04.2019 and remanded to judicial custody at the Central Prison, Trichy. On 26.04.2019, they were transferred to the Central Prison, Madurai. Thereafter, the trio were taken to police custody on 27.04.2019 and their confession statements were recorded. Moreover, the case properties, namely, a sword was seized from Soundarapandi @ Pachaikari, a Hero Honda Splender Two Wheeler was seized from Vinothkumar @ Seda Vinoth and one Two Wheeler was seized from Rambabu on 28.04.2019 under attachi. Thereafter, they were produced before the Judicial Magistrate No.IV, Madurai on 29.04.2019 and remanded to judicial custody and sent to District Prison, Virudhunagar on 29.04.2019 and on 29.04.2019, Vinothkumar @ Seda Vinoth and Rambabu were transferred to Central Prison, Cuddalore and their remand period was extended up to 24.07.2019.

8. The learned Additional Public Prosecutor further submitted that the representation dated 02.08.2019 submitted by the petitioner addressed to the State Government marking a copy to the Detaining Authority was received by the Detaining Authority on 05.08.2019 from the petitioner and remarks for the same were called for from the Sponsoring Authority on 05.08.2019 and the remarks which were received from the Sponsoring Authority on 06.08.2019 were sent to the Government on the same day without any delay. Therefore, there is no infirmity in the detention order passed by the 2nd respondent.

9. Heard the learned Counsel on either side and I have also perused the typed set of papers including the detention order carefully.

10. At the outset, it is an admitted case that after killing M.S.Pandian, after thorough investigation, Manikandan @ Chinna Vavuthalai, S/o.Alagarsamy and the detenu Muthupandi, S/o.Kumar were arrested on 24.04.2019 and their confession statements were also recorded. When the investigation team was searching the other offenders, the accused Boomi @ Boominathan was surrendered before the learned II Metropolitan Magistrate, Chennai on 25.04.2019 and was remanded to judicial custody till 03.05.2019 at the Puzhal Prison, Chennai. The accused Rambabu along with other accused surrendered before the learned Judicial Magistrate No.I, Trichy on 24.04.2019 and remanded to judicial custody at the Central Prison, Trichy. Moreover, a sword was seized from Soundarapandi @ Pachaikari. On the basis of the confession statements given by them, it appears that a Hero Honda Splender Two Wheeler was also seized from Vinothkumar @ Seda Vinoth and one another two wheeler was seized from Rambabu on 28.04.2019 under attachi. Thereafter, all these three accused were produced before the Judicial Magistrate No.IV, Madurai and their remand period has also been extended. While so, the representation dated 02.08.2019 submitted by the petitioner to the State Government marking a copy to the Detaining Authority was received by the Detaining Authority on 05.08.2019 and remarks for the same were called for from the Sponsoring Authority on the same day and remarks were received from the Sponsoring Authority on 06.08.2019 which were sent to the Government on the same day itself without any delay.

11. Secondly, the detenu was in remand in the ground case in Crime No.412/2019 of B4 Keeraithurai Police Station for the offences under Sections 147, 148, 448, 506(ii) and 302 of IPC altered into Sections 147, 148, 448, 506(ii), 392 and 302 of IPC and Section 25(1- A) of the Arms Act, 1959 altered into Section 120-B, 147, 148, 448, 506(ii), 392, 302 of IPC and 25(1-A) Arms Act, 1959 in Central Prison, Palayamkottai and on the date of passing of the detention order i.e. on 15.07.2019, the bail application filed in Crl.M.P.No.2392/2019 was pending disposal. Besides, the bail was granted by the Madurai Bench of this Court in Crl.O.P.(MD) No.8539/2019 on 25.6.2019 to Muniyasamy @ Padam Muniyasamy, co-accused of the detenu Muthupandi in the above said ground case. Therefore, in the detention order, the 2nd respondent has rightly stated that bail application on behalf of the detenu was pending disposal in Crl.M.P.No.2392/2019 on the date of detention order i.e. 15.07.2019 and a booklet containing legible copy of the case diary, grounds of detention in English and the translated version in Tamil Language was also supplied to the detenu along with the detention order. In view of the above, taking note of the fact that the co-accused was granted bail by the Madurai Bench of this Court, it was found that there is a real possibility of the detenu to get bail in Crl.M.P.No.2392/2019. Therefore, the 2nd respondent has rightly come to the conclusion that the detenu having involved in the ground case, acted prejudicial to

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the maintenance of public order and created panic and insecurity in the minds of the people on that locality. Hence we are of the view that the subjective satisfaction arrived at by the 2nd respondent Detaining Authority for passing the detention order holds consideration. 12. One of the arguments raised by the learned Counsel for the petitioner is whether a person who has been implicated in a solitary case by any stretch of imagination, can be branded as Goonda within the meaning of Section 2(f) of Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, 1982 (T.N.Act 14 of 1982). This issue is no longer res integra. Since a Full Bench of this Court in Arumugam vs. State of Tamil Nadu rep. by its Secretary to Government, Home, Prohibition & Excise Department, Fort St. George, Chenni-9 and another reported in 2011 (4) CTC 353 has held that even a single incident giving rise to a single case would be sufficient and if that single case is of the nature as defined in Section 3 of the Act, there can be a valid order of detention. In view of all the above, we find no infirmity in the order detaining the detenu Muthupandi, S/o.Kumar under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, 1982 (T.N.Act 14 of 1982). 13. In the result, the Habeas Corpus Petition fails and the same stands dismissed.
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14-05-2020 Ramakanta Das & Others Versus The State of Tripura Represented by the Secretary, Government of Tripura, Home Department, Agartala High Court of Tripura
12-05-2020 Sheik Madhar Versus The State of Tamil Nadu, Rep.by its Principal Secretary to the Government, Home Prohibition & Exercise Department, Chennai & Others Before the Madurai Bench of Madras High Court
11-05-2020 Allu Srinivasa Rao Versus State of Telangana represented by its Principal Secretary, Home Department, Secretariat, Hyderabad & Others High Court of for the State of Telangana
08-05-2020 Sandip Madhu Nair Versus State, thr Home Deptt & Others In the High Court of Bombay at Nagpur
07-05-2020 Asa Uma Farooq Versus Union of India, through its its Secrtary, Ministry of Home Afairs, Government of India, New Delhi & Others High Court of Judicature at Madras
05-05-2020 R. Sreedhar Versus The Principal Secretary, Government of Tamil Nadu, Home Department, Chief Secretariat, Chennai & Others High Court of Judicature at Madras
04-05-2020 A. Palanisamy @ Palaniappan Versus The Home Secretary (Prison IV) Home Department, Secretariat, Chennai & Others High Court of Judicature at Madras
29-04-2020 AM (Zimbabwe) Versus Secretary of State for the Home Department United Kingdom Supreme Court
28-04-2020 HRT Builders, rep. by its Managing Partner Thondepu Ratna Srinivas Versus State of A.P. rep by its Principal Secretary, Home Department, Velagapudi & Another High Court of Andhra Pradesh
21-04-2020 Deodutta Gangadhar Marathe Versus The State of Maharashtra through Secretary, Department of Home, Mantralaya & Others High Court of Judicature at Bombay
21-04-2020 A. Mallikarjuna Versus Government of India Ministry of Home Affairs, Disaster Management Division, Represented by its Secretary & Others High Court of Karnataka
17-04-2020 Santhosha Nanban Home for Boys, Rep by its Superintendent Dorothy Marry Versus Union of India, Rep by The Chief Secretary to Government, Government of Puducherry, Chief Secretariat, Puducherry & Others High Court of Judicature at Madras
09-04-2020 T. Ganesh Kumar Versus Union of India Represented by Secretary Ministry of Home Affairs New Delhi & Others High Court of Judicature at Madras
08-04-2020 V. Krishnamurthy Versus The State of Tamil Nadu, Represented by the Principal Secretary to Government, Home (Prison IV) Department, Chennai & Others High Court of Judicature at Madras
08-04-2020 M. Mohamed Saifulla (Advocate – Madras High Court) Versus The Principal Secretary to Government, Home (Prison- IV) Department, Fort St. George, Chennai & Others High Court of Judicature at Madras
07-04-2020 (The State) The National Investigation Agency, Ministry of Home Affairs, Government of India, Represented by the Superintendent of Police, Assam Versus Akhil Gogoi High Court of Gauhati
06-04-2020 N. Prakash Versus State of Kerala, Represented by its Secretary to Government of Kerala, Department of Home, Secretariat, Thiruvananthapuram & Another High Court of Kerala
25-03-2020 Elgizouli Versus Secretary of State for the Home Department United Kingdom Supreme Court
20-03-2020 V. Radha Versus State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai & Others Before the Madurai Bench of Madras High Court
20-03-2020 Jangam Tilak Raj Versus State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad & Others High Court of for the State of Telangana