(1.) The petitioner, who is the mother of the detenu, Kalaimaran, branded as a 'Goonda' in Detention Order, No.P.D.No.12/2014 dated 23.03.2014, by the 2nd respondent/District Collector and District Magistrate, Thanjavur District at Thanjavur, has sought for a Writ of Habeas Corpus.
(2.) The detenu has come to adverse notice of the police in two cases. The first case has been registered in Ammapettai Police Station Crime No.244/2013, under Sections 294(b), 323, 354 of IPC @ 294(b), 325 and 354 of IPC; second case has been registered in Ammapettai Police Station Crime No.66/2014, under Sections 341, 323, 354, 342 and 376 of I.P.C @ 341, 323, 342 of I.P.C r/w 6 and 17 of Protection of Child from Sexual Offences Act, 2012. Both the cases are under investigation. Ground case has been registered in Police Station Crime No.71/2014, under Sections 294(b) of IPC r/w 3(1) of TamilNadu Public Property (Prevention of damage and loss) Act, 1992, in which, the detenu has been remanded. On being satisfied that the Detenu is indulging in activities, which are prejudicial to the maintenance of public order, the Detaining Authority, has clamped the Detention Order, on the Detenu. At paragraph 7 of the Grounds of Detention, the Detaining Authority has concluded as follows:-
(3.) Challenging the Impugned Order, though the learned counsel for the petitioner inter alia has raised many contentions, We do not propose to go into all the grounds of challenge, since in our considered view, the point urged by the learned counsel for the petitioner that there was a delay in consideration of the representation merits acceptance.
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