A. KAMALA Vs. STATE

JUDGEMENT

(1.) Under assail in the present Writ Petition is the Detention Order passed by the Commissioner of Police, Greater Chennai, dtd. 12/5/2024. Two adverse cases are relied on the impugned Detention Order for invoking Sec. 3 of 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 [hereinafter referred as 'Act 14 of 1982 '].

(2.) The Petitioner is the mother of the detenu. The Detenu was arrested on 4/5/2024 by the Inspector of Police, Cyber Crime, Coimbatore City in Crime No.123 of 2024 under Sec. 509 of Indian Penal Code (IPC) read with Sec. 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, Sec. 67 of the Information Technology Act, 2000 and was lodged in Central Prison at Coimbatore. On 8/5/2024, a Complaint was received from Mr. Balamurugan, Superintendent Engineer in Construction Wing, Chennai Metropolitan Development Authority (CMDA) and First Information Report (FIR) in Crime No.158 of 2024 was registered under Ss. 465, 466, 471, 474, 420 of Indian Penal Code (IPC). On 9/5/2024, the detenu was formally arrested (adverse cases) in Crime Nos.154 & 155 of 2024 and was produced before the learned Metropolitan Magistrate, Chennai and the remand was rejected in above cases. On 10/5/2024, the Inspector of Police/3rd Respondent formally arrested the detenu in Crime No.158 of 2024 and was remanded. The detenu filed Bail Application in Crime No.158 of 2024 and it was pending on the file of learned Metropolitan Magistrate of CCB and CBCID Court at Egmore, Chennai. On 11/5/2024, the 3rd Respondent submitted a proposal to detain Petitioner 's son Mr. Savukku Shankar (detenu) to the Detaining Authority. Consequently, the 2nd Respondent/ Commissioner of Police, Greater Chennai on 12/5/2024 has passed Detention Order against detenu. The Order of Detention was served on the detenu at Coimbatore Central Prison along with the grounds of detention and the booklet. The Petitioner mother of the detenu made representations on 14/5/2024 and 21/5/2021 to the Detention Authority, which were received on 15/5/2024 and 22/5/2024 and rejected on 16/5/2024 and 24/5/2024. Before rejection of Representation, dtd. 21/5/2024, the Government approved the Detention Order in G.O.RT. No.3093, Home Department, dtd. 22/5/2024.

(3.) On 12/5/2024, the Order of Detention had been passed by the 2nd Respondent in exercise of his powers under Sec. 3(1) of Act 14 of 1982 and branded the detenu as "Goonda". The ground for the detention in Crime No.158 of 2024 under Ss. 465, 466, 471, 474, 420 of IPC instituted pursuant to the Complaint made Mr. Balamurugan, Superintending Engineer, CMDA alleging circulation of false documents on social media with reference to the Tender process in CMDA for construction of new Bus Terminus at Kilambakkam.