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2020 Supreme(Mad) 681

N.KIRUBAKARAN, V.M.VELUMANI
Sumathi – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to the Government, Home, Prohibition and Excise Department, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :B. Janakiram, Advocate.
For the Respondents: R. Prathap Kumar, Adv

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 follo

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