Kamarunisha v. The Commissioner of Police, Madurai City, Madurai.2.The Secretary to Government, Home, Prohibition

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 20.04.2012CORAMTHE HONOURABLE MR.JUSTICE K.MOHAN RAMandTHE HONOURABLE MR.JUSTICE M.VIJAYARAGHAVANH.C.P.(MD)No.1187 of 2011Kamarunisha .. Petitioner Vs.1.The Commissioner of Police, Madurai City, Madurai.2.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-9. .. RespondentsPetition filed under Article 226 of the Constitution of India toissue a Writ of Habeas Corpus calling for the entire records connectedwith the detention order in 22/BDFGISSV/2011 dated 01.12.2011 passed bythe first respondent and quash the same and direct the respondents toproduce the body and person of the petitioner's son named AmjathkhanGhori, son of Mohammed Ismail Ghori, aged about 35 years, and set him atliberty, now detained in the Central Prison, Madurai. For petitioner : Mr.S.MuruganFor respondents : Mr.C.Ramesh, Additional Public Prosecutor O R D E R(Order of the Court was made by K.MOHAN RAM, J.)In the above Habeas Corpus Petition, the petitioner is the mother ofthe detenu-Amjathkhan Ghori. The detenu came to the adverse notice of thepolice authorities in the following four adverse cases:-Sl.No.Police Station and Crime NumberOffences u/s1.Coimbatore City Central CrimeBranchCrime No.35/2010420 r/w 511 IPC and 4,5 of the Prize Chitsand Money CirculationSchemes (Banning) Act19782.Erode District Bhavani Police StationCrime No.401/2011 420, 506(i) IPC3.Tirunelveli City Central CrimeBranchCrime No.24/2011420, 406 IPC https://hcservices.ecourts.gov.in/hcservices/

#24. Madurai Economic Offences Wing-IICrime No.03/2011406, 420 IPC r/w 5 ofTamil Nadu Protectionof Interest ofDepositors Act, 1997.The detenu also came to the adverse notice of the police authorities inthe ground case in Crime No.4 of 2011 on the file of the Madurai EconomicOffence Wing-II for offence under Sections 406, 420, 506(ii) IPC r/w 5 ofTamil Nadu Protection of Interest of Depositors Act 1997. 2.The sponsoring authority, by placing all the relevant materialsbefore the detaining authority, recommended the detention of the detenuas “Goonda” under Tamil Nadu Act 14 of 1982. The detaining authority, ona perusal of the materials placed before him, came to the subjectivesatisfaction that the detenu is a “Goonda” as defined under Section 2(f)of Tamil Nadu Act 14 of 1982. Further, the detaining authority came tothe subjective satisfaction that there is a compelling necessity todetain him in order to prevent him from indulging in such activitieswhich are prejudicial to the maintenance of public order, under theprovisions of Tamil Nadu Act 14 of 1982, and passed the impugned order ofdetention. Challenging the order of detention, the petitioner has filedthe above Habeas Corpus Petition.3.Heard the learned counsel for the petitioner and the learnedAdditional Public Prosecutor appearing for the respondents.4.Mr.S.Murugan, learned counsel for the petitioner submitted thatthe detenu in the present case is the brother of the detenu in H.C.P.(MD)No.1186 of 2011 and he is the co-accused in all the adverse cases andthe ground case in which the detenu in H.C.P.(MD)No.1186 of 2011 wasinvolved. Therefore, the counsel submitted that he is raising the samegrounds as is raised in H.C.P.(MD)No.1186 of 2011 and that the orderpassed in H.C.P.(MD)No.1186 of 2011 dated 20.04.2012, releasing thedetenu therein, is squarely applicable to the facts of the present case. 5.Mr.C.Ramesh, Additional Public Prosecutor submitted that the factsin the present case are similar to the facts in H.C.P.(MD)No.1186 of 2011and hence the order passed in H.C.P.(MD)No.1186 of 2011 is squarelyapplicable to the present case. 6.Considering the submissions made by the learned counsel on eitherside, the Habeas Corpus Petition is allowed and the order of detention inNo.22/BDDFGISSV/ 2011 dated 01.12.2011 passed by the first respondent isset aside. The detenu is directed to be released forthwith unless hispresence is required in connection with any other case. KMSd/-Assistant Registrar (CO)/True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3To1.The Secretary to Government, Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai-9. 2.The Commissioner of Police, Madurai City, Madurai.3.The Superintendent, Central Prison, Madurai.4.The Joint Secretary to Government of Tamil Nadu, Public [Law & Order] Department, Chennai-9.5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD)No.1187 of 2011Dated:20.04.20123P/6CRPB 07.05.2012