POWNAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the wife of the detenu by name Azhagu son of theerthamalai aged about 30 years, who has been detained by means of the proceedings of the second respondent the District Collector and District Magistrate, Dharmapuri district, vide proceedings in S. C. No. 1/2008 dated 7. 1. 2008.

(2.) MR. N, Duraisamy learned counsel appearing for the petitioner has submitted that though the detenu was arrested on 26. 12. 2007 in Harur Police Station Cr. No. 505 of 2007 under Sections 307, 324, 323 IPC, and remanded to judicial custody by the learned Judicial Magistrate, Harur, on the same day i. e. 26. 12. 2007, no material has filed before this Court which would show the non-application mind on the part of the detaining authority.

(3.) FURTHER he would submit that when a requisition was made for remand in both the adverse cases in Cr. No. 505 of 2007 and in the ground case in Cr. No. 1105 of 2007 on the file of the same police station for the offence under Section 307 and 394 I. P. C. , the detaining authority has referred only the remand made in the ground case and has not applied his mind as to the remand of the detenu made in the adverse case. In the circumstances, the detention order is vitiated for non-application of mind.