Dhanabal v. The Additional Chief Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Dhanabal ... Petitioner / Father of the Detenue -vs1.State of Tamil Nadu rep.by The Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St.George, Chennai-9 2.The District Collector and District Magistrate O/o.The District Collector and District Magistrate Thanjavur District, Thanjavur 3.The Superintendent Central Prison Thiruchirappalli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus calling for the entire records in detention order passed in P.D.No.81/2020, dated 17.11.2020, on the file of the second respondent herein and set aside the same as illegal and direct the respondents to produce the body or person of the petitioner's son namely Ramesh alias Rameshkumar, son of Dhanabal, aged 36 years, who is detained in Central Prison, Thiruchirapalli, before this Court and set him at liberty.
For Petitioner :
No appearance For Respondents :
Mr.A.Thiruvadi Kumar Additional Public Prosecutor
O R D E R
S.VAIDYANATHAN , J.
and G.JAYACHANDRAN, J.
No representation for the petitioner.
2. On perusal of the petition and the records filed along
with the counter affidavit of the second respondent, this Court is of the view that the Detaining Authority, after application of its mind, has found that the detenu herein, namely Ramesh alias Rameshkumar, is a Goonda as defined under the Tamil Nadu Act, 14 of 1982 and he is a habitual offender, against whom nearly ten cases are pending.
3.
The ground case indicates that the detenu, on 31.10.2020, picked up wordy quarrel with one Surya, son of Jaganathan and attacked him with aruval on his head and caused grievous injuries. Hence, a case under Sections 294(b) and 307 I.P.C., was registered in Crime No.1394 of 2020, on the file of Thiruvaiyaru Police Station. The Detaining Authority being satisfied with the antecedents of the detenu, after serving the grounds of detention, has detained him under the Goondas Act. The records indicate that no representation was given by the detenu against the detention order and the term of detention is likely to be completed in a week's time. Hence, this habeas corpus petition is dismissed.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) krk Note :
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To:
1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St.George, Chennai-9.
2.The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Thanjavur District, Thanjavur.
3.The Superintendent, Central Prison, Thiruchirappalli.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
10.11.2021 PS(CO) SB(02.12.2021) 3P 5C