RAKKAMMA Vs. THE STATE OF TAMIL NADU REP. BY ITS SECRETARY TO GOVERNMENT, (PROHIBITION AND EXCISE), GOVERNMENT OF TAMIL NADU, FORT ST. GEORGE, MADRAS - 9,

JUDGEMENT

(1.) THE above writ of habeas corpus is filed by Mrs. Rakkamma, the mother of the detenu Pasungili alias Veerapandi, who is detained as per the order of the Collector and District Magistrate, Madurai, in C.M.P. No. 11/85, dated 16 -6 -1985, under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug -offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act 14 of 1982, hereinafter referred to as 'the Act'. The detenu had come for adverse notice in the following cases:

(2.) ON 16 -1 -1984 at 11.00 p.m. when one Palaniammal came out of her house to answer calls of nature, the detenu, with intention of committing rape on her, caught hold of her and bit her lips and also her breasts and voluntarily caused hurt to her. He thereby outraged her modesty and forcibly attempted to rape her and when she refused and resisted the detenu got wild and with an intention to murder her tried to strangulate her neck with both of his hands. On seeing him trying to kill Palaniammal, the daughter and mother of the victim came to her rescue and the detenu threatened to murder them. On a complaint by Palaniammal a case was registered under Section 341, 323, 354, 307, and 376 read with 511 I.P.C. and the case was taken on file in P.R.C. No. 14/84 on the file of the Judicial Magistrate No. 2, Madurai, and the case is committed to session and the same is pending in S.C. No. 164/84 on the file of the Second Additional Sessions Judge, Madurai.

(3.) IN the affidavit filed in support of the writ petition the Petitioner raised the following contentions: