Before the Madurai Bench of Madras High Court
S. MANIKUMAR & V.S. RAVI, JJ.
Kosalai
Versus
The Secretary to Government, Prohibition and Excise Department, Secretariat, Chennai & Another
H.C.P.(MD). No. 630 of 2014
Decided on: 08-09-2014
S. Manikumar, J.
1. Mother of the detenu, Suthan, branded as Goonda, vide order in P.D.No.3 of 2014, dated 03.04.2014, has filed the present Writ of Habeas Corpus.
2. The detenu has come to adverse notice in Kottar Police Cr.No.868 of 2010, dated 07.07.2010, for the offences, under Sections 147, 148, 149, 120-B, 341, 294(b), 302, IPC r/w 3(1) of TNPP (D&L) Act 1982 @ 147, 148, 294(b), 341, 302, 120-B IPC & 3(1) of TNPP(D&L) Act. The date of occurrence is 07.07.2010 at 18.30 Hours, in which, one Manikandan @ Iyappan has been murdered. The detenu, Suthan, has been arrested and later on, released on bail on 13.10.2010, vide order in Crl.M.P.No.4377 of 2010. In the above said Crime, charge sheet has been filed on 02.04.2013 and is P.T in PRC.No.8 of 2013, in Judicial Magistrate No.I, Nagercoil.
3. The detenu has come to adverse notice in Kottar Police Cr.No.85 of 2012, dated 16.01.2012, for the offences, under Sections 147, 148, 342, 302 IPC @ 147, 148, 341, 342, 302 IPC r/w.149 IPC. The date of occurrence is 16.01.2012 at 15.30 Hours, in which, one Tr.Satheesh Kumar has been murdered. The detenu, Suthan, has been arrested and later on released on bail on 17.04.2012, vide order in Crl.M.P.No.1229 of 2012. In the above said Crime, charge sheet has been filed on 13.07.2012 and is P.T in PRC.No.7 of 2013, in Judicial Magistrate No.II, Nagercoil.
4. Again, the detenu is alleged to have involved in Suchindrum Police Cr.No.729 of 2012, for the offences, under Sections 147, 148, 324, 307, 302 IPC @ 147, 148, 120-B, 109, 302, 307 IPC. The date of occurrence is 27.09.2012, about 7.30 P.M. In this case, one Chandra Mohan and a Bar Servant, Ramar, have been murdered. Another person, who tried to save Chandramohan, has been alleged to have been assaulted. In Crl.M.P.No.223 of 2013, the Principal Sessions Court, Nagercoil, has released the detenu on conditional bail on 12.04.2013. Charge sheet has been filed on 29.05.2013 and is P.T in PRC.No.10 of 2013, in Judicial Magistrate No.III, Nagercoil.
5. The detenu is alleged to have involved in Cr.No.432 of 2012, registered in Rajakkamangalam Police Station, for the offences, under Sections 294(b), 387, 307, 506(ii) IPC @ 294(b), 394/397, 506(ii) IPC. In this case, the date of occurrence is 02.10.2012 at 17.30 hrs. The allegation is that the detenu, abused, threatened, assaulted one Suyambulingam with Vettaruval and robbed Rs.100/- from him. Charge sheet has been filed on 16.11.2012 and is P.T. before the I Additional Sessions Court, Nagercoil, in S.C.No.5/2013. The detenu, Suthan, has been arrested and released on conditional bail on 15.04.2013, vide order in Crl.M.P.No.659 of 2013, on the file of Principal Sessions Court, Nagercoil.
6. The detenu has also come to another adverse case in Cr.No.29 of 2014, on the file of Kottar Police Station, for the offences, punishable under Section 436 IPC. It is alleged that on the date of occurrence, ie., 12.01.2014 at 02.30 A.M., the detenu and his two associates, set ablaze a vehicle, Tata Sumo, bearing Registration No.TN 21 Q 6946, belonging to one Radhakrishnan and that the case is under investigation.
7. When the matter stood thus, on 21.03.2014, around 01.30 P.M, one Sathish, S/o.Ravi, was threatened and assaulted with knife, by the detenu, while he was standing in Paruthivilai Bus Stop and robbed Rs.100/- from him. On the basis of the complaint of Sathish, a case in Cr.No.132 of 2014, under Sections 294(b), 387, 307, 506(ii) IPC was registered on 21.03.2014. The detenu has been arrested on 21.03.2014 and based on the confessional statement, weapon used by him, for the commission of offence, is stated to have been recovered.
8. Taking note of the antecedents of the detenu, the District Collector-cum-District Magistrate, Kanyakumari at Nagercoil, has arrived at the subjective satisfaction that the detenu is involved in notorious activities, like, causing injuries, assaulting persons with deadly weapons, damaging public properties, murder, attemp
G.Reddeiah v. Government of A.P.; 2012 (2) SCC 389
State of Maharashtra and others Versus Bhaurao Punjabrao Gawande; 2008 (3) SCC 613
Masood Alam Versus Union of India; AIR 1973 SC 897 (Three Judges Bench)
Khudiram Das Versus The State of West Bengal and others; 1975 (2) SCC 81, (Four Judges Bench)
Machindar Versus King; AIR 1950 SC 129
Ram Bali Rajbhar Versus State of West Bengal; 1975 (4) SCC 47
State of Orissa Versus Manilal Singhania; 1976 (2) SCC 808
State of Gujarat Versus Kasam Bhaya; 1981 (4) SCC 216
Sadhu Roy Versus State of West Bengal; 1975 (1) SCC 660
Union of India v. K.S.Subramanian; AIR 1976 SC 2433
Union of India and Anr. v. K.S. Subramanian [(1977) I LLJ 5 (SC)]
G.Reddeiah v. Government of A.P.; 2012 (2) SCC 389 [Decided on 09.09.2011]
Union of India v. Paul Manickam and Another [2003 (8) SCC 342], wherein
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