BANUMATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) As the issue involved in all the above Petitions are one and the same, these Petitions are taken up for disposal by a common order.

(2.) Heard Mr.R.Mohandoss, learned counsel for the petitioner in H.C.P.No.2121 of 2013; Mr.D.Gopikrishnan, learned counsel for the petitioner in H.C.P.Nos.2352 and 2112 of 2013 and Mr.P.Govindarajan, learned Additional Public Prosecutor appearing for the respondents/State.

(3.) The ground on which detention orders are passed against the detenus is a peculiar one, as an L.K.G. student has been kidnapped by them. On a perusal of the detention orders, it is seen that an L.K.G. Student, by name, Soorya, studying in Chettinad Vidyalaya, Chennai-28, had been kidnapped by the detenus herein on 08.08.2013. On the same day, Mrs.Anitha, Soorya's Class Teacher, made a complaint in E5, Foreshore Estate Police Station. She has stated that as a usual practice either vehicles arranged by the parents or school buses were arranged for picking and dropping the students. On 08.08.2013, at 11.40 hours, one person came to her class to pick the student Soorya and when questioned by her, he informed that he is an alternative driver of Soorya's vehicle. Since the student Soorya also addressed him as 'Anna', believing that the driver is known to Soorya, Mrs.Anitha sent the child with him. At 12.10 hours, another person, informing that he is the driver of the student Soorya's vehicle, came to the School and Mrs.Anitha informed him that already a person came to pick the child Soorya at 11.40 hours saying that he is an alternative driver of the vehicle, in which Soorya came to School. The driver of the vehicle informed the same to Soorya's parents and came to the conclusion that Soorya would have been abducted. The Sub-Inspector of Police, E5 Foreshore Estate Police Station registered a case in Crime No.833/2013 under Section 363A IPC and later it was taken up for further investigation by the Inspector of Police, Law and Order, E5 Foreshore Estate Police Station. Though the accused/detenus were arrested, investigation of the case is not yet over.