LAWS(MAD)-2021-2-298

K. JEYAPRAKASH Vs. STATE OF TAMILNADU AND ORS.

Decided On February 15, 2021
K. Jeyaprakash Appellant
V/S
State Of Tamilnadu And Ors. Respondents

JUDGEMENT

(1.) This habeas corpus petition has been filed by the brother of the detenu, namely, Prabakaran, son of Kaliyaperumal, aged about 33 years, against the detention order in CO.C.No.04/2020, dated 11.10.2020, passed by the second respondent, branding him as "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act, 14 of 1982.

(2.) Though several grounds have been raised challenging the impugned detention order, Mr.N.Pragalathan, learned counsel for the petitioner, would mainly contend that the impugned order of detention is liable to be set aside on the grounds of arbitrary action taken by the Authorities for clamping the detention order only as against few accused, leaving the other accused, who are also similarly placed.

(3.) Per contra, Mr.K.Dinesh Babu, learned Additional Public Prosecutor, while reiterating the counter affidavit filed by the second respondent, submitted that the detention order has been passed by the second respondent after arriving at the subjective satisfaction based on the cogent and relevant materials placed by the Sponsoring Authority and to prevent the detenu from indulging in similar activities in future.