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Judgment
S. Palanivelu, J.—The detenu has been branded as goonda. He has come to the adverse notice of the police in as many as six cases. They
are enlisted as follows:
S. Police Station and Crime No. Sections of Law Disposal/present stage No.
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Karaikudi South PS Cr. No. 324/03 120(b), 302, 325, On 25.10.2003 at about 23.45 hrs
Date of occurrence 25.10.2003 307, r/w 434 IPC due to previous enmity accused
Thiruppathi 3 others, joined
together, went into the house of
one Suresh and A-1 Thiruppathi
stabbed, Suresh repeatedly.
Suresh, succumbed to death, on
the spot. A-2 Raja stabbed
complainant Lourdu Selvarani
and A-3 Muthupandi alias
Parthban also stabbed
complainant Lourdu Selvarani,
A-4 Manoharan attacked the
witness Lakshmi with stick. In
this case, investigation was
completed and charge sheet laid
on 29.12.2003 and now it is
pending trial in S.C. No. 61/04
before the Sessions Court of
Sivagangai. The case is posted
to 26.04.2007.
Karaikudi South PS Cr. No. 276/04 323, 307 IPC r/w 34 Due to previous enmity on
Date of occurrence 22.08.2004 IPC 22.08.2004 at about 22.30 hRs.
at the upstairs of the accused
Thiruppathy''s house, A1 Thiru-
ppathi attempted the life of
witness Lakshmiganth by Aruval.
A2 Deivendran assaulted witness
Venkatraman with stick, A-3
Balamurugan assaulted witness
saravanan, with stick and also
attacked the compliantant
Lakhmiganth with stick. In this
case, investigation was
completed, charge sheet laid on
27.1.2005 and pending trial in
S.C. No. 124/05 before the
Assistant Sessions Court of
Devakottai. The case posted to
12.06.2007.
Sivagangai Taluk PS Cr. No. 162/05 341, 324, 506(ii) Due to previous enmity on
Date of occurrence 15.07.2005 IPC 15.07.2005 at 22.00 hrs accused
Thiruppathi, Ramanathan, Savari
way laid the witness Nagasubbut
at Tar road near south side of
sivan temple, Nattarasankottai
and A1 Thiruppathi inflicted cut
injury on the neck, head and right
hand fingers of complaints
Nagasubbu by aruval. Accused 2
Ramanathan, inflicted cut
injuries, with aruval on the
left shoulder of witness
Ramkumar. Accused 3 Savari
stabbed on the head of witness
Manavalan. In this case
investigation was completed and
charge sheet laid on 27.10.2005.
Now, the case is pending trial
in C.C.No. 117/2005 before the
Judicial Magistrate II, Sivag-
angai. The case is posted to
23.04.2007
Karaikudi South PS Cr.No. 218/05 341, 294(b), 324, On 15.06.2005 at 15.00 hrs
Date of occurrence 15.06.2005 506(ii) IPC in front of Meenakship-
uram Muthu Mariammankoil,
at Karaikudi accused Thiruppathi,
Chandan, Sakthi waylaid the
complaintant Elanchelian and
demanded money. As he refused to
give money A1 Thirupathy scolded
him with filthy words, stabbed him
and also threatened his life.
Accused 2 chandran used filthy
words against the complainant
Elanchelian. Accused 3 Sakthi
attacked the complainant, El-
anchelian on his head with stick.
In this case, investigation was
completed, charge sheet laid on
22.07.2005. Now the case is
pending in C.C.No. 275/2005 before
the Judicial Magistrate Court,
Karaikudi. The case posted to
16.05.2007.
Kallal PS Cr.No. 142/06 341, 294(b), 506(i) On 16.06.2006 at 19.00 hrs,
Date of occurrence 16.06.2006 IPC while the complainant Muthu was
coming in Nadarajapuram Bazar,
accused Thiruppathi waylaid him,
abused in filthy words and thre-
atened his life. In this case,
investigation completed on
24.07.2006 and charge sheet laid
on 24.07.2006. Now the case
is pending in STC No. 2144/06
before the Judicial Magistrate
Court Karaikudi. The case is
posted to 24.04.2007
Sivagangai Taluk PS Cr. No. 34 341, 323, 324, 307 Due to previous enmity on
of 2007 Date of occurrence IPc 06.02.2007 at 22.00 hrs at
06.02.2007 Nattarasankottai Bazar,
complainant Kannan was waylaid
by accused Thiruppathi Chidam-
baram & one unidentified person.
A-1 Thiruppathi run over his bike
on the chest of complainant A2
Chidambaram assaulted the compl-
ainant Kannan with firewood. A3
unidentified person, kicked him
on his face using his leg. All
the accused lifted the bike and
dropped it on his head and thus
attempted his life. In this case,
accused are enlarged on anticip-
atory bail by Hon''ble HighCourt
of Madurai bench. The case is
under investigation.
The facts of the ground case are that on 18-04-2007 at about 09.00 a.m., while the complainant Nagarajan, Moovender Street,
Nattarasankottai was coming in the Bazaar, in front of Velu shop, due to local panchayat election motive, the detenu waylaid him, took
Veecharuval and attacked aiming the neck of Nagarajan but the complainant warded off the assault and fled away from the scene. So that the
detenu holding Veecharuval chased him which caused public disturbance. A case was registered in Crime No. 83 of 2007 under Sections 341,
307 and 506(ii) IPC in the Sivagangai Taluk Police Station.
On the basis of the materials supplied by the Sponsoring Authority namely, the Inspector of Police, Sivagangai, Taluk Police Station, the
Detaining Authority, namely, the first respondent passed the detention order in Cr.M.P.No. 7 of 2007, dated 28-04-2007 directing the detention
of the detenu.
The learned Counsel for the petitioner would submit that there was an inordinate delay which remains unexplained in disposing of his
representation.
The particulars supplied by the learned Additional Public Prosecutor would show that the representation sent by the petitioner was received on
31-07-2007 and remarks were called for from the sponsoring Authority on 01-08-2007. However, the remarks were received from the
Sponsoring Authority only on 24-08-2007 which resulted in a delay of 23 days. Further, the file was circulated to the Minister on 30-08-2007 and
the rejection letter was prepared on 06-09-2007 and it was despatched to the detenue on 07-09-2007.
The learned Counsel for the petitioner also points out that from 30-08-2007 to 06-09-2007 there is a delay of more than six days which is also
causing prejudice to the detenu.
The above said two grounds would amply go to show that the rights of the detenu have been prejudiced. On this ground alone, the petition
deserves to be allowed.
Accordingly, the Habeas Corpus Petition is allowed and the impugned order made in Cr.M.P. No. 7 of 2007 dated 28-04-2007 passed by the
first respondent is set aside. The detenu is directed to be set at liberty forthwith unless his presence is required in connection with any other case.