RAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER is the cousin brother of the detenu Mani, son of Anandappan. PETITIONER seeks direction to the respondents to produce the body of the detenu, now detained in Central Prison, Palayamkottai, before this court and set him at liberty by calling for the records in h. S. (M)Contdl. No. 16/2005, dated 31. 3. 2005 on the file of the second respondent and quash the same.

(2.) ON 12. 1. 2005 at about 6. 45 hours at Keelathattamparai on the dry land of one Chinnathambiya Pillai, while one Lingasamy, the younger brother of Balamurugan was proceeding towards the stone quarry at Thattaparai, the detenu and his four associates armed with deadly weapons, formed themselves into an unlawful assembly, wrongly waylaid the said Lingasamy and murdered him in a gruesome manner by cutting and stabbing all over his body. Due to their activities and intimidation they created panic among the passers-by, agricultural laborers and coolies. The detenu and his associates cautioned the eye witnesses of the occurrence by whirling the weapons not to come close to them. The normal life of the residents of the area was paralysed and the place looked like a desert. In this connection the brother of the victim by name balamurugan lodged a complaint before the Police and a case in crime No. 31 of 2005 under sections 147, 148, 341 and 302 IPC on the file of the Tattaparai police Station was registered against the detent and others.

(3.) IF the said document was subsequently produced before the detaining authority by the sponsoring authority, it is but natural for the sponsoring authority to have produced it with a covering letter or by filing an additional affidavit. There is no such document produced before us to hold that the document dated 31. 3. 2005 was produced before the detaining authority before passing the order of detention on 31. 3. 2005. Similar view has been taken by this Court earlier in the decision reported in 2000 (2) Law Weekly (Crl) 684 (Alagar Vs. The State of Tamil Nadu, etc. & another ). On this sole ground we are of the view that the order of detention has to be set aside and accordingly, it is set aside.