LAWS(MAD)-2024-1-148

MARIYAMMAL Vs. STATE OF TAMIL NADU

Decided On January 11, 2024
MARIYAMMAL Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed by the petitioner to quash the Detention Order passed by the second respondent in H.S.(MD) Confdl. No.94/2023, dtd. 27/7/2023 and direct the respondents to produce the detenu Thiru.Muthuramkumar @ Thangam, Son of Ayyappanainar @ Manikandan, Male aged 22, who is detained at Central Prison, Palayamkottai before this Hon'ble Court and set him at liberty.

(2.) The impugned preventive detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Sexual Offender' within the meaning of Sec. 2(ggg) of Act 14 of 1982.

(3.) Though several grounds have been raised in the petition, the only ground urged by the learned counsel for the petitioner is that the subjective satisfaction arrived at by the detaining authority with regard to imminent possibility of being detenu enlarged on bail is flawed.