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2014 Supreme(Mad) 1580

V.DHANAPALAN, G.CHOCKALINGAM
Sathish @ Sathish Kumar – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to Government, Chennai – Respondent


Advocates Appeared:
For the Petitioner:C. Durai Pandiyan, Advocate.
For the Respondents: P. Govindarajan, Addl. Public Prosecutor.

Judgment

V. Dhanapalan, J.

1. The detenu himself is the petitioner. The detenu has been branded as a Goonda as contemplated under Tamil Nadu Act 14 of 1982 and detained under order of the 2nd respondent passed in No. 1460 of 2013 dated 28.10.2013.

2. The detenu came to adverse notice in the following cases:–

S. No. Police Station and Crime No. Sections of Law

1. T-4 Maduravoyal Police Station Crime No. 1396 of 2012 147, 341, 332 and 188 IPC

2. T-4 Maduravoyal Police Station Crime No. 1116 of 2013 341, 294(b), 392, 506(ii) IPC

3. V-3 J.J. Nagar Police Station Crime No. 979 of 2013 379 IPC

4. T-4 Maduravoyal Police Station Crime No. 1200 of 2013 341, 294(b), 336, 427, 392, 307 and 506(ii) IPC

The ground case alleged against the detenu is one registered on 05.09.2013 by the Inspector of Police, T-4, Maduravoyal Police Station in Crime No. 1277 of 2013 for the offence under Section 302 IPC. Aggrieved by the order of detention, the present petition has been filed.

3. Amidst several grounds raised to assail the impugned order of detention, learned counsel for the petitioner would mainly contend that as per Article 22(1) of the Constitution of India, as soon as the arrest is made, it must be c










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