LAWS(MAD)-2018-5-22

RAJESWARI R Vs. STATE OF TAMIL NADU

Decided On May 04, 2018
Rajeswari R Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The order of detention passed by the second respondent in Proceeding No. Cr.M.P. No.04/2018 dated 19.1.2018 is under challenge in this Habeas Corpus Petition.

(2.) The order of detention was issued based on three adverse cases registered against the son of the petitioner and the ground case was registered on 28.10.2017. In respect of the first adverse case, the same was registered under Section 379 I.P.C. on 15.05.2015. The second case was also registered under Section 379 I.P.C. on 15.05.2015.

(3.) We are of the opinion that these two cases registered in the year 2015 are remote in nature. Therefore, the third adverse case registered on 210.2017 alone shall form part of the detention order. In respect of the ground case, no doubt, the allegations are serious. However, the learned counsel appearing on behalf of the petitioner contended that there was an enormous delay on the part of the competent authorities in considering the representation submitted on behalf of the detenu.