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2018 Supreme(Mad) 1184

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. VENUGOPAL, J.
Shanmugapriya - Appellant
Versus
The Secretary to Government, Home, Prohibition & Excise Department, Chennai & Another - Respondent
H.C.P. No. 69 of 2018
Decided On : 24-04-2018

Important Points

Preventive detention is justified when there are adequate materials indicating a person's potential to disrupt public order, even if no specific offense has been committed.

Subject

Criminal Law - Preventive Detention

Act Referred

INDIAN PENAL CODE : S.147, S.148, S.2947(b), S.307, S.323, S.336, S.341, S.384, S.427, S.506(ii)
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.6

Headnote

Detention Order - Habeas Corpus - Tamilnadu Act 14 of 1982 - Section 6 of POCSO Act, 2012, Sections 147, 148, 307 & 506(ii) IPC - Sections 341, 294(b), 323, 384, 427, 336, 307 & 506(ii) IPC - Crime No.1796 of 2017

Fact of the Case:

The petitioner sought the release of her husband, who was detained under the Tamilnadu Act 14 of 1982 for his involvement in multiple criminal cases, including sexual offenses and violent acts.

Finding of the Court:

The court found that the detention order was justified based on the detenu's repeated criminal activities, which were deemed prejudicial to public order.

Issues: The issues revolved around the validity of the detention order, consideration of the petitioner's representation, and the detenu's involvement in various criminal cases.

Ratio Decidendi: The court emphasized that preventive detention is an anticipatory measure and does not relate to a specific offense, and it upheld the detention order based on the detenu's history of criminal activities and their potential impact on public order.

Final Decision: The Habeas Corpus Petition was dismissed, affirming the validity of the detention order.

Advocates Appeared:
For the Petitioner:A. Nirmal Kumar, R. Nisha, Advocates.
For the Respondents:R. Ravichandran, Government Advocate (Crl.Side).

JUDGMENT :

M. VENUGOPAL, J.

1. Heard the Learned Counsel for the Petitioner and the Learned Government Advocate (Crl.Side) for the Respondents.

2. The Petitioner / Wife of the Detenu has focused the present Writ of Habeas Corpus Petition praying for passing of an order by this Court in calling for the records relating to the Order of Detention passed by the 2nd Respondent dated 22.12.2017 in Ref.Memo No.791/BCDFGISSSV/2017 against her husband, the Detenu, viz., Ravi @ Ravichandran @ Manga Ravi, now confined at Central Prison, Puzhal, Chennai and to set aside the same. Further, the Petitioner has sought for passing of an order by this Court in directing the Respondents to produce her husband, viz., Detenu as aforementioned and set him at liberty.

3. The Petitioner's husband, namely, the Detenu, Ravi @ Ravichandran @ Manga Ravi is involved in the adverse case, viz., Crime No.1091 of 2017 on the file of H3, Tondiarpet Police Station under Section 6 of POCSO Act, 2012. The facts of the case are that the accused Ravi @ Ravichandran @ Manga Ravi [Detenu] seduced Shanmugapriya aged 17 years and on many occasions had sexual intercourse with her, as a result of which, she became pregnant. One week prior to 06.06.2017, Selvi Shanmugapriya gave birth to a premature child and that the child died and she wrapped the body with a clothe, kept the same in the asbestos ceiling of her next house and later, she admitted the fact and her mother namely, Chitra filed a complaint in this regard and that the matter is under investigation.

4. Also that the Petitioner's husband, namely, the Detenu, Ravi @ Ravichandran @ Manga Ravi is involved in another adverse case, viz., Crime No.1794 of 2017 on the file of H3, Tondiarpet Police Station under Sections 147, 148, 307 and 506(ii) IPC altered into Sections 147, 148, 302 and 506(ii) IPC. The facts of the case are that on 13.11.2017 at 13.45 hrs between 'E' and 'F' Block, Tsunami Quarters, the accused, Ravi @ Ravichandran @ Manga Ravi [Detenu] along with his associates armed with deadly weapons wrongfully restrained Kumar and Jeeva, who were talking and due to previous enmity attacked Jeeva over his left side head, left ear, left cheek, both hands and backside with knives and caused bleeding injuries. Also that, by brandishing their knives, they threatened the public, who gathered at the spot and escaped from the spot. As a matter of fact, Jeeva was taken to Government Hospital and admitted as an inpatient and that Kumar has lodged a complaint in this regard. While under going treatment, Jeeva succumbed to injuries at hospital, hence, Sections were altered and now the Detenu was arrested and remanded to judicial custody.

5. The facts of the ground case are that on 14.11.2017, at about 16.00 hrs, the Detenu, Ravi @ Ravichandran @ Manga Ravi along with six others had entered into the hotel run by one Ravi, residing at No.196, 'D' Block, Thilakar Nagar Housing Board, Tondiarpet, Chennai 81. While they were about to leave the Hotel, after taking tiffin, but without making payment, their act was questioned by the said Ravi and one Haribabu took the knife kept by Ravi in his Mobile Tiffin shop to cut onion and by speaking in obscene / indecent words in Tamil rushed to cut over his head, but the said Ravi escaped from the attack. However, the associates, apprehended Ravi and assaulted him with hands and legs, as a result of the same, Ravi fell down and a sum of Rs.800/- in cash was taken by them from the cash box etc., Moreover, 50 eggs kept in tray of Ravi's shop were thrown on the road by Detenu's associates. Subsequently, Ravi / Complainant lodged a complaint against the Detenu, Ravi @ Ravichandran @ Manga Ravi before the H3 Tondiarpet Police Station and a case was registered in Crime No. 1796 of 2017 for offence under Sections 341, 294(b), 323, 384, 427, 336, 307 and 506(ii) IPC. Further, all the accused [including the Petitioner's husband Ravi @ Ravichandran @ Manga Ravi] in their confession statements had admitte




















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