JAYAKRISHAN Vs. INSPECTOR OF POLICE COIMBATORE

JUDGEMENT

(1.) The petitioner herein challenges the detention order passed against one Anandan alias Athiradi Anandan which is dated 1-7-1999 and passed by the Commissioner of Police, Egmore, directing the detention of the detenu under view to preventing him from acting in any manner prejudicial to the maintenance of public order. In support of this order, the authority concerned has given the grounds. It is suggested that on 30-11-1997 one Dhandapani and his son came to Coimbatore Medical College to pay homage to the body of aPolice Constable who was killed. At that time, the persons who had gathered there attacked the said Dhandapani and his son with an intention to cause their death and caused injuries. This was done at the instigation of the Anandan alias Athiradi Anandan and Sampath alias Arjun Sampath who were present there at that time. It is then suggested that these two persons instigated the mob to damage the Ambassador cars and the other vehicles as a result of which, the two cars were damaged and destroyed in fire.

(2.) It is pointed out that the witnesses have stated categorically that all this was done at the instigation of Anandan alias Athiradi Ananthan and Sampath alias Arjun Sampath. It is then stated that one Maheswaran alias Mahesh had stated that he, with others, had attempted to commit the murder of the said Dhandapani. It is then pointed out that the concerned Anandan and Sampath were already in Central Prison in judicial remand in connection with some other murder case and they filed bail application for their arrest in the above mentioned two cases, viz., Cr. Nos. 1896 and 1897 of 1997 registered two cases, viz., Cr. Nos. 1896 and 1897 of 1997 registered by B-4, Race Course Police Station, Coimbatore. It is then pointed out that on 7-6-1999 the said detenu was remanded to judicial custody in respect of the above mentioned two offences and his remand was extended. Further, till the order was passed, the investigation was not completed. It was stated that because of this act, the even tempo of the society was greatly paralysed, the commercial establishments and educational institutions remained closed, even the essential institutions remained closed and the essential services were disturbed and that large contingents of police has to be deployed to defuse the mounting tension.

(3.) The statement of one Mahesh alias Maheswaran was also relied on to suggest that the detenu had played a vital role in disturbing the public order. It was then pointed out that the detenu was in judicial custody and that he was ordered to be released on bail vide order dated 16-6-1999 in both these crime numbers which were for the offence under S. 435 of the Indian Penal Code. It was further stated that B-4 Police Station had moved a petition for the alteration of the Section by way of addition and that, the Judicial Magistrate-III, Coimbatore had rejected the sureties on the ground that the offences were non-bailable. It was pointed out that an application for cancellation of bail order was also pending vide dated 21-6-1999. It was expressed that in the said case, Anandan had not come out on bail so far, but, there was always a possibility of his filing a bail application in the higher Courts and coming out on bail. It was therefore, expressed that if he comes out on bail, he was likely to indulge in such further activities which would be prejudicial to the maintenance of public order. It was on these grounds that the detention was ordered.