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2011 Supreme(Mad) 4440

C.NAGAPPAN, T.SUDANTHIRAM
R. L. Ashokan – Appellant
Versus
State of Tamil Nadu Rep. By its Secretary to Government Home, Prohibition and Excise Department – Respondent


Advocates Appeared:
For the Petitioner - R. Shanmugasundaram, Senior Counsel, N.R. Elango, Senior Counsel for R. Vivekananthan, Advocate. For the Respondents - I. Subramanian, Senior Counsel, Public Prosecutor Assisted by M. Maharaja, Additional Public Prosecutor.

Judgment :-

(C.NAGAPPAN, J.)

1. The maternal uncle of the detenu Suresh Babu @ Pottu Suresh is the petitioner in this habeas corpus petition, and he has challenged the order of detention passed by the second respondent in C.M.P.No.03/2011 dated 25.7.2011.

2. As per the grounds of detention dated 25.7.2011, the detenu came to the adverse notice in the following cases:

1. Madurai District, Thirunagar Police Station Cr.No.143/2011 for the alleged ommission of offences under Sections 143, 188, 294(b), 341 and 353 IPC. The case is pending trial in Court in C.C.No.197/11.

2. Madurai District Crime Branch Cr.No.44/2011 for the alleged commission of offences under Sections 120(B), 109, 406, 420, 323, 294(b), 506(i) IPC r/w 3(1) TNPPDL Act. Investigation is in progress.

3. The detaining authority has relied on the above adverse cases and also the ground case in Crime No.42/2011, on the file of Madurai District Crime Branch, for the alleged offences under Sections 143, 120(b), 109, 406, 420, 387 and 506(ii) IPC, to arrive at a conclusion that the detenu was a Goonda as defined under Section 2(f) of Tamil Nadu Act 14/1982.

4. Heard both sides.

5. The first submission of Mr.R.Shanmugasundaram

















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