Baburaj v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.GOVINDARAJ H.C.P.(MD)No.517 of 2016 Baburaj .. Petitioner Vs.

1.State of Tamil Nadu, rep. by the Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Kanniyakumari District at Nagercoil, Nagercoil.

3.The Superintendent of prison, Central Prison, Palayamkottai, Tirunelveli.

.. Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to call for the entire records connected with the detention order passed in P.D.No.16/2016, dated 07.04.2016 on the file of the 2nd respondent herein and quash the same and direct the respondents to produce the detenu or body of the detenu namely Baburaj S/o.Kumarasamy, aged about 42 years, now detained at Central Prison, Palayamkottai before this Court and set him at liberty forthwith.

For Petitioner : Mr.K.Sudalaiyandi For respondents : Mr.T.Mohan, Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.NAGAMUTHU,J] The petitioner has come up with this Habeas Corpus Petition, challenging the order of detention passed by the second respondent by proceedings in P.D.No.16 of 2006, dated 07.04.2016, branding him as Goonda.

2.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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3. This is a case, where it is alleged that the petitioner sexually spoiled his own daughter, aged 13 years. Though several grounds have been raised in this petition, we do not find any merit at all in this petition. The detaining authority, after going through the records, has found that the petitioner is a sexual offender. In view of the seriousness of the crime committed by him, the detaining authority has further recorded its satisfaction that by means of the ordinary law, it would be difficult to prevent him from committing any such crime. Considering the fact that the petitioner is a father and the victim is his daughter and in the event, he is dealt with under ordinary law, there is likelihood of the girl being threatened or spoiled again, the detaining authority has ordered the detention under Act 14, in which we do not find any shortcomings or defects.

4.In such view of the matter, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

2.The District Collector and District Magistrate, Kanniyakumari District at Nagercoil, Nagercoil.

3.The Superintendent of prison, Central Prison, Palayamkottai, Tirunelveli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5. The Director General of Police, Chennai.

6. The Commissioner of Police, Tirunelveli.

+1 cc to M/s.Sudalaiyandi, Advocate in SR 61195 H.C.P.(MD) No.517 of 2016 17.10.2016 GCG ANR/SK-SKN/03.11.2016/2P/8C https://hcservices.ecourts.gov.in/hcservices/