SUKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition has been filed by the petitioner seeking direction to the respondents to produce the body of the petitioner, now detained at the Central Prison, Chennai, before this Court and set him at liberty.

(2.) THE ground case, according to the prosecution is said to have taken place on 3.2.2005. On that date at 11.00 a.m., when one Gunasekaran was returning to his home after meeting his relatives at T.P.Chatram, at the junction of New Avadi Road and Mandapam Road, Vijayakumar, Ganesan, Srinivasan, Ramesh, Sathish and the detenu Sugumar restrained him and demanded money, his wrist watch, etc. As Gunasekaran refused to part with money, Vijayakumar kicked him at his abdomen. THEn Ramesh voluntarily took out Rs.320/- from the shirt pocket of Gunasekaran and also removed his wristwatch and all of them tried to escape. Gunasekaran raised hue and cry and the public gathered. Vijayakumar, Sathish and Ganesan took out knives and threatened the public. THE detenu Sugumar picked up stones and pelted the same against the public, which stones scattered all over the roadside. THE detenu and others, by their acts, created panic situation at the spot, which resulted in traffic dislocation. THE Police personnel, who were on patrol duty, noticed the incident and apprehended Vijayakumar, Ganesan, Srinivasan, Ramesh, Sathish and Sugumar. Gunasekaran lodged a complaint in this regard to the Inspector of Police, Crime, G3 Kilpauk Police Station and a case in crime No.108 of 2005 under sections 341, 336, 427, 392 and 506(2) IPC has been registered against the detenu and others.

(3.) FOR the above reason, the impugned order of detention-dated 15.2.2005 is vitiated for non-application of mind and accordingly, the same is quashed. The habeas corpus petition is allowed. The detenu is directed to be set at liberty forthwith, unless he is required in connection with any other case.