REVATHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the wife of the detenu by name, Periyavan @ Murugan. On 8/11/2023, the Inspector of Police, Thiruvidaimarudur Police Station, Thanjavur District, registered a case in Crime No.708 of 2023 against four persons, in which, the fourth accused is the husband of the petitioner. The case was registered for the alleged offences under Ss. 25(1A) and 25(1B)(a) of the Arms Act, 1959 altered into Ss. 294(b), 353 and 506(ii) of I.P.C. r/w. Sec. 25(1A) and 25 (1B)(a) of the Arms Act, 1959. On 25/11/2023, the husband of the petitioner was detained under the Act 14 of 1982. In the opinion of the District Collector / Detaining Authority, the husband of the petitioner was found indulging in an activity prejudicial to the maintenance of public order and public peace and therefore, he falls within the definition of Goonda to be detained preventively under the said Act.

(2.) Being aggrieved by the detention order, the Habeas Corpus Petition is filed on the ground that the detention order is ex facie illegal and liable to be quashed. The detaining authority has passed the order without proper application of mind and has stated that the detenu has obtained bail in connection with Crime No.708 of 2023, therefore, his release from prison is imminent. Whereas, in fact, though bail was granted by this Court in Cr.O.P.(MD)No.21231 of 2023 on 24/11/2023 in Crime No.708 of 2023, the detenu had not furnished sureties and also not executed the bond. To prevent the detenu from being released from the prison as per the bail condition, the detention order has been slapped with mala fide intention.

(3.) It is contended that the Hon'ble Supreme Court has condemned the act of the Executive detaining a person under the Act 14 of 1982 to circumvent the bail granted by the Courts. The Hon'ble Supreme Court has further stated that the remedy is to seek for cancellation of bail, but not slapping the preventive detention order. In support of the submission, the judgment of the Hon'ble Supreme Court in Ameena Begum vs. State of Telangana and others reported in (2023) 9 SCC 587 been relied upon.