SHANMUGATHAI Vs. DISTRICT MAGISTRATE AND DISTRICT

JUDGEMENT

(1.) MOTHER of the detenu, has filed this Habeas Corpus Petition, for quashing the order of detention passed against her son K.Manickaraja Son of Kruppasamy Thevar, branding him as Goonda under the Tamil Nadu Act 14 of 1982 and detained by virtue of the order dated 13.12.2007 passed by the District Collector and District Magistrate, Tuticorin, the first respondent herein.

(2.) IN the order of detention, reference has been made to the involvement of the detenu in two adverse cases. One on the file of the Elayirampannai Police Station in Cr.No.80 of 2007 under Sections 342 and 307 IPC and the other for his alleged commission of offences under Sections 294(b), 387 and 506(ii) IPC., on the file of the Koppampatti Police Station in Cr.No.52 of 2007. Besides, coming to adverse notice in the above two cases, on 12.10.2007, the detenu and his associates were alleged to have cut and brutally murdered one Balasubramanian on the spot. By indulging in such act, his associates were alleged to have created fear and panic in the mind of the public and on the basis of a complaint, a case in Kalugumalai Police Station Cr.No.90 of 2007 was registered against the detenu and others under Sections 147, 148 and 302 IPC. The detenu surrendered himself in the Court of the learned Judicial Magistrate on 15.10.2007 and after brief spell in the police custody, he is now confined in Central Prison, Palayamkottai. The case is under investigation.

(3.) REITERATING the averments made in the counter affidavit filed by the first respondent, Mr.Daniel Manoharan, learned Additional Public Prosecutor appearing on behalf of the respondents submitted that only after careful consideration of the materials placed before him, the detaining authority, having arrived at the subjective satisfaction that the detenu was in judicial custody in the cases registered against him, passed the order of detention. He further submitted that till the date of detention, the detenu had moved a bail petition only in one case in Kalugumalai Police Station Cr.No.90 of 2007 in Cr.No.3281 of 2007 on the file of the learned Principal Sessions Judge, Thoothukudi and that, it was very likely that the detenu on coming out on bail in the ground case would also file bail applications in other two cases. Therefore, the detaining authority has rightly come to the conclusion that there is every likelihood that the detenu would come out of bail in the case registered against him. Going by the date of representation of the detenu, remarks received and other particulars mentioned in the Chart produced at the time of hearing, he further submitted that there was no delay in considering the representation of the detenu.