M GOMATHI W/O MURUGESAN Vs. STATE OF TAMIL NADU; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, THANJAVUR DISTRICT; INSPECTOR OF POLICE, THANJAVUR MEDICAL COLLEGE HOSPITAL POLICE STATION

JUDGEMENT

(1.) The petitioner, who is the wife of the detenu Murugesan, branded as 'Goonda' in detention order in P.D.No.1/2014, dated 26.02.2014 by the District Collector and District Magistrate, Thanjavur District, Thanjavur, the second respondent herein, has sought for a writ of Habeas Corpus Petition.

(2.) The Detenu has come to the adverse notice of the police in four cases. The 1st adverse case was registered against him in Cr.No.71/2011 under Section 379 IPC on the file of Thanjavur Town West Police Station. The 2nd adverse case was registered in Cr.No.644/2012 under Section 379 IPC against him on the file of Thanjavur Town East Police Station. The 3rd and 4th adverse cases were registered against him in Crime Nos.487/2012 and 17/2014 respectively under Section 379 IPC on the file of Thanjavur Town Medical College Hospital Police Station. The first three adverse cases are pending trial and the fourth adverse case is under investigation, when the order of detention was passed. The order of detention was passed on the basis of the ground case alleged to have registered on 28.01.2014 on the file of Thajavur Medical College Hospital Police Station in Crime No.18 of 2014 under Sections 294(b), 392 and 397 IPC r/w 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 in which he has been remanded. On being satisfied that the Detenu is habitually indulging in activities, affecting the public Order, the Detaining Authority has clamped the Detention Order on the Detenu. At paragraph 5, the Detaining Authority has concluded as follows: 5. I am aware that Thiru.Murugesan is in remand at Central Prison, Tiruchirapalli in Thanjavur Medical College Hospital Police Station Crime Numbers 17/2014 and 18/2014. In similar cases registered under Section 379 of IPC in Thanjavur Medical College Hospital Police Station Crime Number 785/2013 bail was granted by the Judicial Magistrate-II, Thanjavur in C.M.P.No.57/2014, dated:20.01.2014. In similar cases registered under Section 294(b), 352, 392 and 506 (ii) of IPC r/w 3(1) of Tamilnadu Public Property (Prevention of Damage and Loss) Act, 1982 in Thanjavur Medical College Hospital Police Station Crime Number 69/2013 bail was granted by the Principal District Sessions Judge, Thanjavur in Cr.M.P.983/2013 dated 02.03.2013. Hence, there is a real possibility of Murugesan coming out on bail in Thanjavur Medical College Police Station Crime Numbers 17/2014 and 18/2014 if he released on bail he will indulge in further activities which will be prejudicial to the maintenance of Public order. Further the recourse to normal criminal law will not have the desired effect of effectively preventing him from indulging in such activities, which are prejudicial to the maintenance of Public Order. On the materials placed before me, I am satisfied that the said Murugesan is also a Goonda as contemplated under Section 2(f) of Tamilnadu Act, 14/1982 and that there is compelling necessity to detain him in order to prevent him from indulging in such further activities which are prejudicial to the maintenance of Public Order under the provisions of the Tamil Nadu Act, 14/1982."

(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.