S. AMUTHA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The wife of the detenu viz., Kalyanaodai Senthil alias Senthil is the petitioner herein. On 20/7/2021, the District Collector-cum-District Magistrate, Thanjavur, the second respondent herein had issued the preventive detention order under the Tamil Nadu Act 14 of 1982 and detained Kalyanaodai Senthil alias Senthil, who will be hereinafter called as "the detenu".

(2.) This Habeas Corpus Petition is filed to quash the detention order and set the detenu at liberty.

(3.) The grounds of detention served along with the detention order reveals that the detaining authority being satisfied on perusal of records that the detenu is in the habit of indulging in criminal offences continuously, he is a hi story-sheeted rowdy, his activities are of the nature are creating fear, terror and feeling of insecurity in the minds of the people of that locality and if he is allowed to remain at large, he will indulge in similar activities continuously causing insecurity in the minds of the people and disturbance to the public tranquility, has passed the detention order. Two criminal cases against the detenu were taken as adverse cases and those two cases, one of the cases is for the offences under Ss. 294(b), 341 and 506(ii) of I.P.C., which was later altered into Ss. 294(b), 341, 506 (ii) and 109 of I.P.C., on the file of Madukkur Police Station, in Crime No. 1473 of 2020, dtd. 23/12/2020, the detenu and one Kandy @ Vairavamoorthy are shown as accused persons. The second case is for the offences under Ss. 294(b), 353 and 307 of I.P.C. read with Sec. 25(1)(A) of the Arms Act, 1959, which was later altered into Ss. 294(b), 353, 307 and 109 of I.P.C, read with Sec. 25(1)(A) of the Arms Act, 1959, on the file of Madukkur Police Station, in Crime No. 1485 of 2020, dtd. 31/12/2020. In this case also, the name of the detenu is not shown as accused in the F.I.R. While twocases were pending against him, the Madukkur Police has apprehended the detenu on 14/7/2021 and brought to the Police Station. When he was in the lockup, his supporters ransacked the Police Station and enabled the detenu to escape from the lockup, for which, a case under Ss. 147, 452, 294(b), 186, 224, 225, 285, 353 and 506(ii) of I.P.C. and Sec. 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 read with Ss. 149 and 109 of I.P.C, was registered by the Inspector of Police, Madukkur Police Station, in Crime No.581 of 2021 and the latter case is the ground case, which has invited slapping of preventive detention.