High CourtsDivision Bench(2015) 01 MAD CK 0090

Shanmugasundaram vs State

Madras High Court · Decided on 12 January 2015

HON’BLE JUDGES
V.M. Velumani, J. · A. Selvam, J.
RESULT
Dismissed
CASE NUMBER
Habeas Corpus Petition (Md) No. 1332 of 2014

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

11 paragraphs · 401 words

A. Selvam, J.—This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to detention order passed in No. 25/BDFGISSV/2014, dated 27.10.2014 by the detaining authority, who has been arrayed as first respondent herein against the detenu by name Suresh, Son of Shanmugasundaram and quash the same and thereby set him at liberty forthwith.

2.

The Inspector of Police, Tirunelveli Town Police Station as sponsoring authority has submitted an affidavit to the detaining authority, wherein it is stated that the detenu has involved in the following adverse cases:

(i)Crime No. 482 of 2013, Tirunelveli Town Police Station registered under Sections 147, 148, 294(b), 427 and 506(ii) of the Indian Penal Code.

(ii)Crime No. 25 of 2014, Tirunelveli Town Police Station registered under Sections 294(b), 323 and 506(i) of the Indian Penal Code.

(iii)Crime No. 380 of 2014, Pettai Police Station registered under Sections 448, 294(b), 506(i) of the Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

(iv)Crime No. 426 of 2014, Tirunelveli Town Police Station registered under Sections 341, 294(b), 307 and 506(ii) of the Indian Penal Code.

3.

Further it is stated in the affidavit that on 17.10.2014, one Esakkiraja has given a complaint against the detenu to the Inspector of Police, Tirunelveli Town Police Station and the same has been registered in Crime No. 762 of 2014 under Sections 341, 294(b), 307 and 506(ii) of the Indian Penal Code and ultimately requested the detaining authority to invoke Act 14 of 1982 against the detenu.

4.

The detaining authority viz., first respondent herein after perusing the averments made in the affidavit and other connected documents has derived subjective satisfaction to the effect that the detenu is a habitual offender and thereby branded him as ''Goonda'' by way of passing the impugned detention order and in order to quash the same, the father of the detenu as petitioner has filed the present Habeas Corpus Petition.

5.

The learned Additional Public Prosecutor has represented that the detention order in question has been revoked by way of passing G.O. Rt.No.6873, dated 12.12.2014 and to that effect a copy of the order has been submitted.

6.

Considering the aforesaid factual circumstances, the relief sought for in the present Habeas Corpus Petition has become infructuous.

7.

In fine, this Habeas Corpus Petition deserves dismissal and accordingly is dismissed.