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2020 Supreme(Mad) 681
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. KIRUBAKARAN, V.M. VELUMANI, JJ.
Sumathi – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to the Government, Home, Prohibition and Excise Department, Chennai & Others – Respondents
H.C.P. No. 2742 of 2019
Decided on : 24-08-2020
Advocate Appeared:
For the Appellant :B. Janakiram, Advocate.
For the Respondents: R. Prathap Kumar, Adv
The gravity of the offence and the delay in disposing of the representation were crucial factors considered by the court in reaching its decision.
Headnote:
Habeas Corpus - Detention under Tamil Nadu Act 14 of 1982 - Section 3(1) - IPC 376(A)(B), 506(i) and POCSO Act 2012 - [IPC 376(A)(B), 506(i), POCSO Act 2012] - The court discussed the detention order passed against the detenu under Section 3(1) of the Tamil Nadu Act 14 of 1982, based on the detenu's involvement in sexual offences against a minor girl. The court considered the gravity of the offence and the delay in disposing of the representation, ultimately dismissing the petition as infructuous but keeping it pending for larger issues.
Fact of the Case:
The mother of the detenu challenged the detention order passed against her son, branding him as a 'Sexual Offender' under Section 3(1) of the Tamil Nadu Act 14 of 1982. The detenu, aged about 19 years, was accused of sexually assaulting a minor child aged about 8 years, his neighbor, and threatening her not to disclose the incident.
Finding of the Court:
The court dismissed the petition as infructuous but kept it pending for larger issues, considering the gravity of the offence and the delay in disposing of the representation.
Issues: The issues included the validity of the detention order, the delay in considering the detenu's representation, and the imminent possibility of the detenu coming out on bail.
Ratio Decidendi: The court considered the gravity of the sexual offence and the delay in disposing of the representation, ultimately dismissing the petition as infructuous but keeping it pending for larger issues.
Final Decision: The petition was dismissed as infructuous, but kept pending for larger issues.
JUDGMENT :
N. Kirubakaran, J.
(Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in connection with D.O.No.65/2019-C2 dated 20.08.2019 passed by the 2nd respondent against the detenu, Suganthan, aged about 19 years, S/o.Kamaraj, who is now confined at Central Prison, Vellore and quash the same and direct the respondents to produce the detenu, Suganthan, aged about 19 years, S/o.Kamaraj now confined at Central Prison, Vellore before this Court and set the detenu at liberty.)
1. The matter was heard through "Video Conference".
2. The mother of the detenu has challenged the detention order passed against his son on 20.08.2019 branding him as 'Sexual Offender' under Section 3(1) of the Tamil Nadu Act 14 of 1982. The detenu who is aged about 19 years is said to have sexually assaulted the minor child aged about 8 years who is his neighbour on the pretext of giving chocolates and biscuits to her. Thereafter, he had threatened the child not to disclose the same to anybody. The relevant paragraphs are extracted as follows:-
“3. The Grounds on which the said Detention order has been made are as follows:
(a) On 16.07.2019 at 1700 hours, Tmt. Kavitha, Inspector of Police, All Women Police Station, Tiruvannamalai has received a message from Tiruvannamalai Government Medical College and Hospital, based on the message, she went to Hospital and took the complaint from the complainant Tmt. Sheela (Age 25) W/o Premkumar, No. 205, Mariyamman Kovil Street, Melkachirapattu Village, Meyyur Post, Tiruvannamalai Taluk and District at 1800 hours and registered a case. In her complaint she has stated that she is residing in the Melkachirapattu Village with her family, her husband working as a mason and had two daughters named Varshini (Age 8), Maisha (Age 4) and Varshini studyingin 3rd standard in Melkachirapattu Middle School and during her school holidays her daughter Varshini, used to play with her school girl friends in Mariyamman Kovil 3rd Street. On 13.07.2019, her school was leave on Saturday and she told me at around 0300 PM, that she will got to Mariyamman Kovil 3rd street to play with her friends. After a long time she will not come back and at around 0500 pm, she went to Mariyamman Kovil 3rd Street to find out her daughter Varshini and group of childrens playing there and asked them “TAMIL” and their childrens showed the house of Kamaraj house in the same street and said “TAMIL” and she went to saw the Suganthan's house, the door was closed and she went to saw the bathroom at the backside of the house, she heard the crying sound of her daughter and she went to saw the bathroom, there Suganthan put his pant zip and shirt in his hand, ran away from the place and her daughter standing without any dress and asked her “TAMIL” and wear dress to her and enquired, she weeping and brought her to house and asked she continuously weeping. Due to that she asked her daughter on Sunday and she said “TAMIL” brought to his bathroom and remover her skirt, shirt, panty and insert his hand in her daughter's private part, placed his hand, pressed and pinched on her daughter chest and threatened “TAMIL” and already before she used to play there and he was brought to her in the bathroom, closed her mouth and doing same thing two or three times and threatened “TAMIL” and Varshini felt afraid not said to them and cried. On hearing this, she was shocked and informed her husband through phone, he is working in outstation and he came home, Varshini what she told to her and she told to her husband, on hearing this she and her husband shocked and don't know what to do and informed to their relation and Varshini shid paining in her private part and they went to Tiruvannamalai Government College and Hospital on 16.07.2019 at around 0300 pm and doctor enquired her daughter, gave treatment and admitted her on bed. Based on the complaint of the Complainant, the Inspector of Police, Al
