KUMARAPPAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The detenu himself is the petitioner herein and challenging the impugned order of detention dated 23.01.2019 passed by the second respondent, branding him as a Immoral Traffic Offender under the provisions of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Boot leggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982), he has filed the present habeas corpus petition.

(2.) A perusal of the grounds of detention dated 23.01.2019, passed by the second respondent herein, would disclose that the detenu, viz., Kumarappan @ Ragul came to the adverse notice in the following two cases:- <FRM>JUDGEMENT_198_LAWS(MAD)8_2019_1.html</FRM>

(3.) The grounds on which the detenu was detained are that on 20.12.2018 at about 13.00 hours one Nagoor Kani, a mobile phone spare parts merchant went to Bell Hotel at Tamil Sangam road at Madurai, to have food. At that time the detenu approached him and induced him that a beautiful North Indian young girl is available in Moskova Hotel and demanded Rs.4,500/-. The said Nagoor Kani went along with the detenu to the said Moskova Hotel and found that young North Indian girls were present there. He left the hotel by informing the detenu that he would draw money from ATM Centre and he went to the C4 Thilagar Thidal Police Station and preferred a complaint against the detenu. The same was registered in C4 Thilagar Thidal Police Station in Crime No.942 of 2018 under Sections 4(1), 4(2) (c),5(1)(a), 5(a), 5(1)(d) of Immoral Traffic (Prevention) Act, 1956 and 370 IPC. The detenu was also arrested on 20.12.2018 and the confession statement was also recorded. Pursuant to the confession statement, a cell phone was also seized from the detenu under an Athachi. He was also produced before the Judicial Magistrate No.II, Madurai and was remanded to judicial custody till 25.01.2019. The investigation revealed that the detenu is indulging in involvement of young girls into prostitution, procuring women for prostitution and alluring the customers through telephone and directly. Since there existed reasonable prognosis against the detenu, based on his antecedents and based on the ground case, he was likely to continue to commit such immoral acts in future also and that created some panic among general public, on the possibility of spreading ill health disease, like AIDS, due to prostitution and in order to curb such sexual exploitation, the second respondent has clamped the order of detention against the petitioner. Challenging the order of detention, this Habeas Corpus Petition has been filed by the detenu.