Senthilkumar @ Senthil v. Mr.M.DhamodharanFor

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.11.2007CORAM: THE HONOURABLE MR.JUSTICE P.D.DINAKARAN ANDTHE HONOURABLE MR.JUSTICE R.REGUPATHIH.C.P.No.1119 of 2007Senthilkumar @ Senthil.. PetitionerVs1. The Commissioner of Police Coimbatore City, Coimbatore.2. The Secretary to Government, Prohibition & Excise Dept., Fort St. George, Chennai-9... RespondentsPetition filed under Article 226 of the Constitution ofIndia for issue of Writ of Habeas Corpus calling for the recordsof the detention made in C.No.21/G/15/2007 dated 10.3.2007 passedby the Commissioner of Police, Coimbatore City, the 2nd Respondentherein and set aside the same and direct the Respondent toproduce the detenu before this Hon'ble Court and set the detenuThiru P.Senthilkumar @ Senthil at liberty. For Petitioner:Mr.M.DhamodharanFor Respondents:Mr.N.R.Elango Additional Public ProsecutorO R D E R(Order of the Court was made by P.D.DINAKARAN,J.)Petitioner challenges the order of detention dated10.3.2007, passed against him by the first respondent inC.No.21/G/15/2007, branding him as 'Goonda' under Section 3(1) ofthe Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral TrafficOffenders, Sand Offenders, Slum Grabbers and Video Pirates Act,1982 (Tamil Nadu Act 14 of 1982), seeking to quash the same anddirect the respondents to produce him before this Court and sethim at liberty. https://hcservices.ecourts.gov.in/hcservices/

#2. On the basis of the complaint lodged by one Ranganathanalleging that on 19.2.2007 at about 11.30 hours, when he wasstanding in front of a bakery shop, the detenu came and threatenedhim to part with the money he had and when he refused, the detenutook a knife and brandished against him and also threatened thepublic, who came on hearing the cry of the complainant, that hewould kill anybody who comes nearer to him and also took bottleskept there and broke them on the road, which created panic in thearea, the detenu, who was produced by the complainant himself, wasarrested and a case in Crime No.155 of 2007 was registered againstthe detenu on the file of B-7 Ramanathapuram Police Station for theoffence punishable under Section 397 I.P.C. The detenu, was later, produced before the Court for judicial custody.3. Taking into consideration the above said ground case aswell as four adverse cases registered for offences punishable underSection 379 and 75 IPC., three of which on the file of same policestation in Crime Nos.73 of 2005, 1107 of 2005 and 1108 of 2005 andone on the file of B-3 Kattoor Police Station in Crime No.2335 of2006, the first respondent, having satisfied that there is acompelling necessity to detain the detenu in order to prevent himfrom indulging in the activities which are prejudicial to themaintenance of public order, ordered his detention dubbing him as a'Goonda'.4. The main contention of the learned counsel for thepetitioner is that the order of detention was passed by the firstrespondent mechanically, even before formulating the grounds ofdetention. To substantiate the same, the learned counsel pointedout that the order of detention is dated 10.3.2007, whereas thegrounds of detention were formulated only on 13.3.2007. 5. We have perused the records produced before us. It isapparent on the face of the records that the grounds of detentionwere formulated only on 13.3.2007, whereas the order of detentionwas passed on 10.3.2007, which, in our considered opinion, is notpossible. Therefore, even before the formulation of the grounds ofdetention, the detention order was passed, which vitiates the orderof detention and hence, we are inclined to allow this petition. https://hcservices.ecourts.gov.in/hcservices/ In the result, the order of detention is quashed and theHabeas Corpus Petition is allowed. The detenu is directed to beset at liberty forthwith unless his presence is required inconnection with any other case. SraSd/Asst. Registrar/true copy/Sub Asst. RegistrarTo1. The Commissioner of Police Greater Chennai, Egmore, Chennai 8.2. The Secretary to Government, Prohibition & Excise Dept., Fort St. George, Chennai-9.3. The Superintendent, Central Prison, Coimbatore.4. The Joint Secretary to the Government of Tamil Nadu, Public (Law and Order) Department, Fort St George, Chennai 9.5. The Public Prosecutor High Court, Madras.+ 1 cc to Mr. M. Dhamodharan, Advocate SR No. 67160H.C.P.No.1119 of 2007AKR(CO)SR/29.11.2007