H.C.P.No.2515 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2023

Coram

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.No.2515 of 2022

Jaya

.. Petitioner

vs

1.The Secretary to Government,

Government of Tamil Nadu,

Home, Prohibition and Excise Department,

Fort St. George, Chennai – 9.

2.The District Magistrate and District Collector,

The Nilgiris District, Udhagamandalam.

3.The Superintendent,

Central Prison, Coimbatore.

4.The Superintendent of Police,

Nilgiris District.

5.Inspector of Police,

All Women Police Station,

Ooty Town, The Nilgiris District.

.. Respondents

Petition filed under Article 226 of the Constitution of India

praying for issuance of a writ of habeas corpus to call for the entire

records connected with the order of the second respondent herein

concerned in Cr.M.P.No.11/2022 dated 01.11.2022 and quash the

order of detention passed therein by the second respondent herein

against the detenu and consequently directing the respondents

herein to produce the body and person of the detenu by name

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H.C.P.No.2515 of 2022

Sekar, aged about 49 years, son of Maduraimuthu, now detained at

Central Prison, Coimbatore before this Court and set him at liberty

forthwith.

For Petitioner

:

Mr.S.Sasikumar

For Respondents

:

Mr.E.Raj Thilak,

Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.]

Captioned 'Habeas Corpus Petition' ['HCP' for the sake of

brevity] has been filed by wife of detenu assailing a 'preventive

detention order dated 01.11.2022 bearing reference Cr.M.P.

No.11/2022' [hereinafter 'impugned detention order' for the sake of

convenience and brevity]. To be noted, fifth respondent is the

sponsoring authority and second respondent is the detaining

authority as impugned detention order has been made by second

respondent.

2.

Impugned detention order has been made under 'The

Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber

law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral

traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers

and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)'

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H.C.P.No.2515 of 2022

[hereinafter 'Act 14 of 1982' for the sake of convenience and clarity]

on the premise that the detenu is a 'Sexual Offender' within the

meaning of Section 2(ggg) of Act 14 of 1982.

3.

There is no adverse case. The ground case which is the

sole substratum of the impugned detention order is Crime No.8 of

2022 on the file of Udhagamandalam Town All Women Police Station

for the alleged offences under Sections 376(3) and 506(i) of 'The

Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of

convenience and clarity] and Sections 5(l), 5(j)(ii) r/w 6 of

Protection of Children from Sexual Offences Act, 2012. Owing to the

nature of the challenge to the impugned detention order, it is not

necessary to delve into the factual matrix or be detained further by

facts.

4.

Mr.S.Sasikumar, learned counsel on record for petitioner

and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all

respondents are before us.

5.

In the support affidavit qua captioned HCP, several

grounds have been raised/urged but in the hearing, Mr.S.Sasikumar,

learned counsel on record for petitioner predicated his campaign

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H.C.P.No.2515 of 2022

against the impugned preventive detention order on one point and

that one point turns on imminent possibility of detenu being

enlarged on bail and the subjective satisfaction arrived at by the

detaining authority in this regard.

6.

A careful perusal of the grounds of impugned preventive

detention order brings to light that the aforementioned subjective

satisfaction has been arrived at by the detaining