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K. SAROJA versus STATE OF TAMIL NADU

High Court of Madras

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K. Saroja v. State of Tamil Nadu - Habeas Corpus Petition (MD) No.213 of 2007 [2007] RD-TN 2648 (10 August 2007)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 10/08/2007

CORAM:

THE HONOURABLE MR.JUSTICE P.K.MISRA

and

THE HONOURABLE MR.JUSTICE R.BALASUBRAMANIAN

Habeas Corpus Petition (MD) No.213 of 2007

K. Saroja ... Petitioner vs.

1. State of Tamil Nadu,

Rep. by Secretary to Government,

Prohibition and Excise Department,

Fort St. George,

Chennai.

2. The District Magistrate and District Collector, Tuticorin District,

Tuticorin.

... Respondents Petition under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus, to direct the respondents to produce the detenu Mani @ Karuppasamy Thevar @ karuppasamy Pandian before this Court who is confine in Central Prison, Palayamkottai and set him at liberty and call for the records pertaining to the order of detention passed HS(M)Confidential No.17/2007 dated 08.03.2007 by the respondent No.2 and set aside the same. For Petitioner .. Mr.Palanivel Rajan for Mr.S.C. Herold Singh. For Respondents .. Mr.S.P.Samuel Raj Addl.Public Prosecutor. :ORDER



(Order of the Court was made by P.K.MISRA,J.)

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

2.The order of detention on the allegation that the detenu, the petitioner's husband, is a "sand offender" within the meaning of the Tamil Nadu Act 14 of 1982, is in question.

3.From the materials available on record, it appears that the detenu had been arrested and remanded in connection with Kayathar Police Station Crime No.20 of 2007, dated 01.02.2007 (adverse case) as well as in Kovilpatty West Police Station Crime No.89 of 2007 (ground case). Both the cases were registered under Section 21 (1) (4) of the Mines and Minerals Act, 1957, Rule 36-A of the Tamilnadu Minor Minerals Concession Rules, Section 379 IPC and Sections 3 & 4 of Tamil Nadu Prevention of Properties (Damage and Loss) Act.

4.The detaining Authority has examined the possibility of the detenu being released on bail in connection with Kovilpatty West Police Station Crime No.89 of 2007 and has come to the conclusion that a bao; application has been filed and the same is pending and there was imminent possibility of the detenu being released on bail in the said case. However, there is no conclusion recorded anywhere regarding the possibility of the detenu being released on bail in connection with Kayathar Police Station Crime No.20 of 2007, wherein it is also alleged that the detenu had committed equally a serious offence.

5.In the above background, the learned counsel for the petitioner has relied upon the decision of a Division Bench of this Court, reported 2007 Crl.L.J.1695 - Suneka V. State of Tamil Nadu & Another, and contended that there has been non-application of mind. On going through the materials available on record, we find that the above said decision as well as the other decisions referred in the cited case are applicable to the facts of the present case.

5. Accordingly, the Habeas Corpus Petition is allowed and the order of detention in HS(M) Confdl.No.17/2007, dated 08.03.2007, passed by the second respondent is quashed and the detenu is directed to be released forthwith, unless his custody is required in connection with any other case. jrl/gb

To:

1. The Secretary to Government,

Prohibition and Excise Department,

Fort St. George,

Chennai.

2. The District Magistrate and

District Collector,

Tuticorin District,

Tuticorin.

3.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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