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2021 Supreme(Mad) 1685

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. KALYANASUNDARAM, B. PUGALENDHI, JJ.
Archunan - Petitioner
Versus
The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise (XVI) Department, Chennai & Others - Respondents
H.C.P.(MD) No. 242 of 2021
Decided On : 07-10-2021

Advocates Appeared:
For the Petitioner: R. Alagumani.
For the Respondents: S. Ravi, Standing Counsel.

Headnote:

Constitution of India,1950 – Article 226 and 22(5) – Indian Penal Code,1860 – Section 294(b), 341, 323 506(i) r/w Sections 3(1)(r), 3(1)(s), 3(2)(Va) of Scheduled caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 - Tamil Nadu Act 14 of 1982 - Section 2(f) - Habeas Corpus - Scheduled Caste and Scheduled Tribes - Habeas Corpus Petition has been filed by brother of detenu, who has been branded as “Goonda” by second respondent in Detention Order, as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982 - Grounds on which the detenu was detained are that based on the intimation received from the Government Medical College Hospital, one, Sub Inspector of Police, Police station rushed to said hospital and recorded the statement from complainant, who was admitted as inpatient – Held, in view of settled proposition of law, if the accused after coming out of on bail, by misusing the liberty granted to him, indulges in the commission of offence continuously, it is for investigation agency to bring the same to the notice of Court concerned and take steps for cancellation of bail before Court concerned along with relevant materials against the accused, instead of invoking detention law - In view of the foregoing discussion, Habeas Corpus Petition is allowed by setting aside Order of Detention passed by second respondent herein, namely, District Magistrate and District Collector, in detenu, namely, son of said one aged about 37 years, who is now detained at Central Prison, Trichy is directed to be released forthwith unless his presence [or] custody [or] detention is required in connection with any other case/proceedings – Petition allowed.

JUDGMENT :

B. Pugalendhi, J.

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, calling for the entire records connected with the detention order of the respondent No.2 in P.D.No.02 of 2021 dated 02.02.2021 and quash the same and direct the respondents to produce the body or person of the detenu by name Thangadurai son of Ramasamy aged about 37 years, now detained as Goonda in Trichy Central Prison before this Court and set him liberty forthwith.)

1. The Habeas Corpus Petition has been filed by the brother of the detenu Thangadurai, S/O, Ramasamy, aged about 37 years, who has been branded as “Goonda” by the second respondent in Detention Order P.D.No.02 of 2021, dated 02.02.2021, as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

2. A perusal of the grounds of detention dated 02.02.2021, passed by the second respondent herein would disclose that the detenu Thangadurai came to the adverse notice in the following cases.

Sl. No.

Name of the Police Station and Crime No.

Sections of Law

1.

Gandarvakkottai Police Station

Crime No.108 of 2016

294(b), 341 and 323 IPC

2.

Gandarvakkottai Police Station

 

Crime No.150 of 2017

294(b), 323, 506(i), IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(Va) of Scheduled caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 altered into 294(b), 352, 506(i) IPC, r/w Section 3(1)(r), 3(1)(s), 3(2) (Va) of Scheduled caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015

3.

Gandarvakkottai Police Station Crime No.28 of 2020

294(b) and 323 IPC, r/w Section 3(1)(r), 3(1)(s), 3(2) (Va) of Scheduled caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 altered Into 294(b) and 352 IPC, r/w Section 3(1)(r), 3(1)(s), 3(2) (Va) of Scheduled caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015

4.

4. Gandarvakkottai Police Station Crime No.628 of 2020

294(b), 341, 324 and 506(ii) IPC 3/16

5.

Adanakkottai Police Station Crime No.10 of 2021

Sections 341 and 321 IPC r/w Sections 3(1)(r), 3(1) (s), 3(2)(Va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3. The grounds on which the detenu was detained are that based on the intimation received from the Government Medical College Hospital, Pudukottai, on 10.01.2021 around 03.00 hours, one Kanagaraj, Sub Inspector of Police, Adanakkottai Police station rushed to the said hospital and recorded the statement from the complainant, who was admitted as inpatient. The complainant has stated that he is a resident of Valavampatti, Gandarvakkottai Taluk, Pudukottai District. When he along with his uncle were travelling in a two wheeler bearing Registration No. TN 55 AA 5649 near one Vinayaga cashew factory on Pudukkottai to Thanjavur National Highways, the detenu and three others waylaid them, stabbed them with sickle and attacked them with wooden log and iron rod with an intention to kill them. When the complainant blocked the attack from the them, he sustained severe cut injury on his right hand, right thumb and on his head and they have attacked his uncle also on the instigation of i) Bombay Saravanan, S/o.Panneer Selvam, ii) Siva, son of Panneerselvam, iii) Arunprasath, S/o. Thambidurai, iv) Jagadeesan, son of Arjunan of Aravampatti village and after attacking the complainant and his uncle, they have fled from the place of occurrence and based on the statement a case in crime No.10 of 2021 has been registered on the file of the Adanakkottai Police Station for the offence punishable under Sections 341 and 324 IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(Va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. Subsequently, the detenu was arrested on 10.01.2021 at 15.00 hours near Ga

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