LAWS(MAD)-2014-9-484

KAVITHA Vs. STATE OF TAMIL NADU; DISTRICT COLLECTOR AND DISTRICT MAGISTRATE; SUPERINTENDENT, CENTRAL PRISON

Decided On September 02, 2014
KAVITHA Appellant
V/S
State Of Tamil Nadu; District Collector And District Magistrate; Superintendent, Central Prison Respondents

JUDGEMENT

(1.) The petitioner, who is the son of the detenu, namely, Jaya alias jayachandran, branded as 'Goonda' in detention order in Cr.M.P.No.22/2014, dated 13.05.2014 by the District Collector and District Magistrate, Tiruchirappalli District, has sought for a writ of Habeas Corpus Petition.

(2.) The Detenu has come to the adverse notice of the police in two cases, registered in Cr.Nos.1033 and 1042 of 2013, u/s294(b), 324, 506(ii) and 307 IPC altered 147, 148, 294(b), 324, 506(ii) IPC and 307 IPC and u/s 392 r/w 397 IPC and 3 of TNPP (D&L) Act respectively on the file of Fort Police Station, Tiruchy City. The adverse cases are pending trial, 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 26.02.2014 on the file of Somarasempettai P.S., Tiruchirappalli District. in Cr.No.42/2014 under Section 302 IPC. 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 4, 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.