S PRABAKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) 1.(All the above Habeas Corpus petitions are filed under Article 226 of the Constitution of India.H.C.P.No.1471 of 2008 has been filed praying to issue a Writ of Habeas Corpus, to call for the records pursuant to order of detention, passed in Cr.M.P.No,23 of 2008, dated 26.6.2008 of the 2nd respondent and set aside the same and direct the respondents to produce the body of the petitioner namely Mr.Prabakaran, S/o.Mr.Sivasami, now confined in the Central Prison, Tiruchirapalli, before this Court and set him at liberty.H.C.P.No.1472 of 2008 has been filed praying to issue a Writ of Habeas Corpus, to call for the records pursuant to the order of detention passed in Cr.M.P.No,22 of 2008, dated 26.6.2008 of the 2nd respondent and set aside the same and direct the respondents to produce the body of the petitioner namely Mr. Dinesh, S/o. Mr. Velusami, now confined in the Central Prison, Trichirapalli, before this Court and to set him at liberty.H.C.P.No.1473 of 2008 has been filed praying to issue a Writ of Habeas Corpus, to call for the records pursuant to the order of detention passed in Cr.M.P.No,21 of 2008, dated 26.6.2008 of the 2nd respondent and to set aside the same and direct the respondents herein, to produce the body of the petitioner namely Mr. Thirugnanm @ Thirugnana Sambantham, S/o. Mr. Muthuvel, now confined in the Central Prison, Trichirapalli, before this Court and set him at liberty.)Common Order: (Elipe Dharma Rao, J.)All the petitioners were slapped with the detention orders, branding them as 'goondas' and they are challenging the detention orders by filing these Habeas Corpus petitions. Since all the petitions are inter-connected with each other and are arising from out of the same background, they were heard in common and are being disposed of by this common order.

(2.) ALL the petitioners, along with others, are alleged to be the accused in Cr.No.130 of 2008 of Meensuripatti Police Station, Ariyalur District, for the offences punishable under Sections 147, 148, 341, 324, 326, 307 and 302 r/w.120(B) IPC. The ground case came to be registered pursuant to five murders committed at a stretch by the petitioners, joining hands with other accused in retaliation to the murder of one Desingubalan. It is alleged that there had been an unsettled enmity and animosity between the families of Kasinathan and Desingubalan and they had a vow to murder the counter party and in this backdrop, the above said Desingubalan was done to death by the rival group. It is alleged that all the accused persons, have conspired together to take revenge against the persons who are responsible for the murder of Desingubalan and in furtherance of such conspiracy, on 16.5.2008 at about 9.00 hours, all the accused persons hidden in front of the house of one Balusami and attacked the opposite party with Veecharuvals. It is alleged that the accused Ravi alias Ravichandran and Thirugnanam (petitioner in H.C.P.No.1473 of 2008) jointly cut one of the deceased persons Suresh with knives that accused Palanisami and Prabhakaran (petitioner in H.C.P.No.1471 of 2008) jointly cut another deceased Prabu with patta knife that accused Rajadurai and Dinesh (petitioner in H.C.P.Nos.1472 of 2008) assaulted one Mahalingam with Veecharuval and patta knife. After committing five murders at a stretch, one of the accused persons namely Ramesh punched the head of Dharmalingam on a trident in front of Kaliamman temple and the head of another deceased Prabu was thrown at the back of the Kaliamman temple and in front of the house of Ramesh by accused Palanisamy. Insofar as the petitioner in H.C.P.No.1473 of 2008, by name Thirugnanam alias Thirugnana Sambandam, an adverse case registered in Cr.No.184/2001 of Meensuritti Police Station for the offences punishable under Sections 457 and 380 IPC has also been reported.