CHELLADURAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Habeas Corpus Petition is filed seeking a direction to call for the records relating to the Detention Order passed by the second respondent in Detention Order in H.S(M) Confdl.NO.105 of 2024, dtd. 19/7/2024 and to quash the same and consequently to direct the respondents to produce the body or detenue namely, Muniya Prabhakaran, son of Chelladurai, aged about 25 years(now detained at Central Prison, Palayamkottai) before this Court and set him at liberty.

(2.) Heard the learned counsel appearing on either side and perused the materials placed before this Court.

(3.) The Petitioner is the father of the detenu, aged 25 years. In view of the complaint against him for the offence under Sec. 5(1), 5(j)(ii) read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012, a case has been registered against him in Crime No.7 of 2024 on 23/6/2024. Considering the gravity of the offence and possibility of the detenu coming out on bail, the detention order was passed on 19/7/2024. Being aggrieved, the present Habeas Corpus Petition is filed by the father of the detenu, on the ground that the Detaining Authority has not applied his mind while passing the Detention Order.There is no reason stated as to how he had arrived at the subjective satisfaction that the detenu is acting in the manner prejudical to the maintenance of the public order. Further also submitted that neither the Investigation Officer or the Detaining Authority had collected the proof for the age of the victim to be satisfied that the victim is a minor. To attract the offence under the POCSO Act, three grounds raised in the Habeas Corpus Petition is that the legible copies of remand and remand extension order is not furnished and the reference to bail order granted to some other accused is not factually not similar to the case, for which, the detenu was arrested.