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Sumathi v/s State of Tamil Nadu, Rep. by its Secretary to the Government, Home, Prohibition and Excise Department, Chennai & Others


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    H.C.P. No. 2742 of 2019

    Decided On, 24 August 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN & THE HONOURABLE MR. JUSTICE V.M. VELUMANI

    For the Petitioner: B. Janakiram, Advocate. For the Respondents: R. Prathap Kumar, Additional Public Prosecutor.



Judgment Text


(Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in connection with D.O.No.65/2019-C2 dated 20.08.2019 passed by the 2nd respondent against the detenu, Suganthan, aged about 19 years, S/o.Kamaraj, who is now confined at Central Prison, Vellore and quash the same and direct the respondents to produce the detenu, Suganthan, aged about 19 years, S/o.Kamaraj now confined at Central Prison, Vellore before this Court and set the detenu at liberty.)

N. Kirubakaran, J.

1. The matter was heard through "Video Conference".

2. The mother of the detenu has challenged the detention order passed against his son on 20.08.2019 branding him as 'Sexual Offender' under Section 3(1) of the Tamil Nadu Act 14 of 1982. The detenu who is aged about 19 years is said to have sexually assaulted the minor child aged about 8 years who is his neighbour on the pretext of giving chocolates and biscuits to her. Thereafter, he had threatened the child not to disclose the same to anybody. The relevant paragraphs are extracted as follows:-

“3. The Grounds on which the said Detention order has been made are as follows:

a) On 16.07.2019 at 1700 hours, Tmt. Kavitha, Inspector of Police, All Women Police Station, Tiruvannamalai has received a message from Tiruvannamalai Government Medical College and Hospital, based on the message, she went to Hospital and took the complaint from the complainant Tmt. Sheela (Age 25) W/o Premkumar, No. 205, Mariyamman Kovil Street, Melkachirapattu Village, Meyyur Post, Tiruvannamalai Taluk and District at 1800 hours and registered a case. In her complaint she has stated that she is residing in the Melkachirapattu Village with her family, her husband working as a mason and had two daughters named Varshini (Age 8), Maisha (Age 4) and Varshini studyingin 3rd standard in Melkachirapattu Middle School and during her school holidays her daughter Varshini, used to play with her school girl friends in Mariyamman Kovil 3rd Street. On 13.07.2019, her school was leave on Saturday and she told me at around 0300 PM, that she will got to Mariyamman Kovil 3rd street to play with her friends. After a long time she will not come back and at around 0500 pm, she went to Mariyamman Kovil 3rd Street to find out her daughter Varshini and group of childrens playing there and asked them “TAMIL” and their childrens showed the house of Kamaraj house in the same street and said “TAMIL” and she went to saw the Suganthan's house, the door was closed and she went to saw the bathroom at the backside of the house, she heard the crying sound of her daughter and she went to saw the bathroom, there Suganthan put his pant zip and shirt in his hand, ran away from the place and her daughter standing without any dress and asked her “TAMIL” and wear dress to her and enquired, she weeping and brought her to house and asked she continuously weeping. Due to that she asked her daughter on Sunday and she said “TAMIL” brought to his bathroom and remover her skirt, shirt, panty and insert his hand in her daughter's private part, placed his hand, pressed and pinched on her daughter chest and threatened “TAMIL” and already before she used to play there and he was brought to her in the bathroom, closed her mouth and doing same thing two or three times and threatened “TAMIL” and Varshini felt afraid not said to them and cried. On hearing this, she was shocked and informed her husband through phone, he is working in outstation and he came home, Varshini what she told to her and she told to her husband, on hearing this she and her husband shocked and don't know what to do and informed to their relation and Varshini shid paining in her private part and they went to Tiruvannamalai Government College and Hospital on 16.07.2019 at around 0300 pm and doctor enquired her daughter, gave treatment and admitted her on bed. Based on the complaint of the Complainant, the Inspector of Police, All Women Police Station, Tiruvannamalai has registered the case in All Women Police Station Crime No. 17/2019 u/s 376(A)(B), 506(i) IPC and section 4, 6 of POCSO Act 2012 on 16.07.2019 at 1930 hours.

b) Later the Inspector of Police, Tiruvannamalai All Women Police Station took up the case for investigation, and recorded their statements of the ground case complainant Tmt. Sheela (Age 25) W/o Premkumar, No.205, Mariyamman Kovil Street, Melkachirapattu Village, Meyyur Post, Tiruvannamalai Taluk and District and witnesses 1) Thiru.Premkumar (Age 29)S/o Anbalagan, No.205, Mariyamman Kovil Street, Melkachirapattu Village, Meyyur Post, Tiruvannamalai Taluk and District, 2) Tmt. Anjalai (Age 48) W/o Anbalagan, No.205, Mariyamman Kovil Street, Melkachirapattu Village, Meyyur Post, Tiruvannamalai Taluk and District, 3) Thiru.Sathishkumar (Age 26) S/o Anbalagan, No. 205, Mariyamman Kovil Street, Melkachirapattu Village, Meyyur Post, Tiruvannamalai Taluk and District, 4) Juvenile Pooja (Age 8) D/o Elumalai, Mariyamman Kovil Street, Melkachirapattu Village, Meyyur Post, Tiruvannamalai Taluk and District and 5) Juvenile Sanchana (Age 8) D/o Gnasekar, No.205, Mariyamman Kovil Street, Melkachirapattu Village, Meyyur Post, Tiruvannamalai Taluk and District on 16.07.2019.

c) Later the Inspector of Police, Tiruvannamalai All Women Police Station took up the case for investigation referred the victim Juvenile Varshini (Age-8) D/o Premkumar in the ground case for medical examination and sent her through Women Police No. 155 Tmt. Pachiayammal with Memo No.10/HOS/AWPS/TVM/2019, dated: 17.07.2019 to the Government Medical College and Hospital, Tiruvannamalai. Further Juvenile Varshini at 1500 hrs was produced before Doctor Tmt.Divya, Hospital Duty Doctor on 16.07.2019. Later the Inspector of Police, All Women Police Station, Tiruvannamalai was enquired and recorded the statement of Doctor Tmt. Divya.

d) Later the Inspector of Police, All Women Police Station, Tiruvannamalai took up the case for investigation and visited the scene of occurrence in ground case in the bathroom at the backside of the house, belongs to the accused Thiru.Suganthan on 17.07.2019 at 0600 hours and prepared a rough sketch and observation mahazar in presence of two independent witnesses 1) Thiru.Dhandapani (Age 35) S/o Krishnan, MGR Nagar, Melkachirapttu Village, Tiruvannamalai Taluk and District and 2) Thiru.Vasu (Age 35) S/o Elumalai, No. 193, Pillaiyar Kovil Street, Melkachirapattu Village, Tiruvannamalai Taluk and District. Later the Inspector of Police enquired and recorded their statement of the above two independent witnessess on 17.07.2019.

e) Later the Inspector of Police, All Women Police Station, Tiruvannamalai took up the case for investigation, from the examination of the witnesses, on the basis of visit of scene of occurrence, she came to the conclusion that the fact of the incident was true and based on secret information, went in search of accused along with her police party near bus stop, Melkachirapattu junction road and a person upon suspicious when enquired the person, came to know that the person 1) Thiru.Sugunthan (Age-19) S/o Kamaraj,who was involved in the ground case and he was arrested by the Inspector of Police on 17.07.2019 at 0900 hours after explaining the reason for arrest. Later the accused Thiru.Sugunthan gave a voluntary confession statement without any coercion which was recorded by the Inspector of Police in the presence of the two independent witnesses 1) Thiru.Tamilkumar (Age 24) S/o Anbalagan, No. 205, Mariyamman Kovil Street, Melkachirapattu Village, Meyyur Post, Tiruvannamalai Taluk and District and 2) Thiru.Karthi (Age 36) S/o Arunachalam, MGR Nagar, Melkachirapattu Village, Meyyur Post, Tiruvannamalai Taluk and District on 17.07.2019 at 0915 hours. Later the Inspector of Police enquired and recorded their statement of the above two independent witnesses and recorded their statement on 17.07.2019.

f) Later the Inspector of Police, All Women Police Station, Tiruvannamalai took up the case for investigation and Police party, along with the accused Thiru.Sugunthan reached All Women Police Station, Tiruvannamalai on 17.07.2019 at 1230 hours and lodged the above accused under police custody. Further the arrest intimation of the accused Thiru.Sugunthan was served to his uncle Thiru.Siva (Age 39) S/o Mani on the same day through arrest memo. Later the Inspector of Police produced the accused Thiru.Suganthan before the Hon'ble Magila Fast track Court Judge, Tiruvannamalai on 17.07.2019 at 1700 hours and he was remanded for 14 days (i.e) till 31.07.2019 and lodged in Central Prison, Vellore as remand prisoner. Later his remand has been extended upto 28.08.2019.

g) Later the Inspector of Police, All Women Police Station, Tiruvannamalai took up the case for investigation and sent requisition letter to Hon'ble Judicial Magistrate Court No.II, Tiruvannamalai to record the statement of ground case victim Juvenile Varshini u/s 164 Cr.P.C. on 22.07.2019.

h) Later the Inspector of Police, All Women Police Station, Tiruvannamalai took up the case for investigation, based on the requisition letter dated : 22.07.2019, the Hon'ble Judicial Magistrate Court No.II, Tiruvannamalai has ordered to record the 164 Cr.P.C. statement of Juvenile Varshini through Dis No.1143/2019, dated*: 22.07.2019. Later Hon'ble Judicial Magistrate court No.II, Tiruvannamalai through summon on 22.07.2019 to produce Juvenile Varshinin before the court on 26.07.2019 at 1400 hours. Based on that Juvenile Varshini was produced before the Hon'ble Judicial Magistrate court No.II, Tiruvannamalai on 26.07.2019 through Tmt.Kanchana, Sub-Inspector of Police, All Women Police Station, Tiruvannamalai. Later the Hon'ble Judicial Magistrate Court No.II, Tiruvannamalai was recorded the statement of the victim Juvenile Varshini between 1745 hours to 1800 hours on 26.07.2019 under section 164 Cr.P.C. Later the Inspector of Police enquired Tmt.Kanchana, Sub-Inspector of Police, All women Police Station, Tiruvannamalai and recorded the statement on 26.07.2019

i) Later the Inspector of Police, All Women Police Station, Tiruvannamalai took up the case for investigation, gave requisition letter to Hon'ble Magila Fast track court Judge, Tiruvannamalai for the conduct of medical examination of the ground case accused Thiru.Suganthan, who was in Judicial custody in Central Prison, Vellore, perform the potency of the above accused. Based on this Hon'ble Magila Fast tract court Judge, Tiruvannamalai ordered letter to the Superintendent of Police, Central Prison, Vellore to produce above Judicial custody accused Thiru.Suganthan for the treatment and to the Professor, Department of Forensic Medicine, Vellore Government College and Hospital, Adukkamparai, Vellore to conduct potency test to the above accused through Dis No. 1184/2019, dated : 26.07.2019. Later based on the court order, the Judicial custody accused Thiru.Suganthan in Central Prison, Vellore was escorted and produced before Doctor Thiru. Nagendrakumar, Assistant Professor, Department of Forensic Medicine, Vellore Government Medical College and Hospital, Tiruvannamalai through Thiru.Mani, Special Sub-Inspector of Police, Thatchampattu Police Station on 30.07.2019 for medical treatment. Further, the Doctor examined the accused Thiru.Suganthan and certified that “There is nothing to suggest that the examined individual is not capable of performing sexual intercourse”. After completion of medical examination of the accused Thiru.Sugunthan, was handed over to Central Prison, Vellore escort through Thiru.Mani, Special Sub- Inspector of Police, Thatchampattu Police Station. Later the Inspector of Police enquired Doctor Nagendrakumarand Thiru.Mani, Special Sub-Inspector of Police, Thatchampattu Police Station and recorded their statement on 30.07.2019.

j) Later the Inspector of Police, All Women Police Station, Tiruvannamalai took up the case for investigation and sent requisition letter to Hon'ble Additional Sessions Judge and Magila Fasttrack Court Judge, Tiruvannamalai regarding confirmation of the age of Juvenile Varshini through radiology examination on 25.07.2019. Based on this Hon'ble Additional Sessions Judge and Magila Fasttrack court Judge, Tiruvannamalai ordered letter to the Assistant Professor, Department of Forensic Medicine, Tiruvannamalai Government College and Hospital, Tiruvannamalai regarding confirmation of the age of Juvenile Varshini through radiology examination through Dis No.1183/2019, dated : 25.07.2019.

k) Later the Inspector of Police, All Women Police Station, Tiruvannamalai took up the case for investigation, and produced the victim Juvenile Varshini before Doctor Thiru. Kamalakannan, Assistant professor, Department of Forensic medicine, Government Medical College and Hospital, Tiruvannamalai through Women Police Constable No.155 Tmt.Pachaiyamal, All Women Police Station, Tiruvannamalai on 02.08.2019 and the doctor has examined the victim Juvenile Varshini through radiology and he opinion that “above Juvenile Varshini is aged above 7 years and below 9 years”. Later the Inspector of Police enquired Doctor Thiru.Kamalakannan and Women Police Constable No.155 Tmt. Pachaiyammal, All Women Police Station, Tiruvannamalai, and recorded their statements on 02.08.2019.

l) Later Inspector of Police, All Women Police Station, Tiruvannamalai took up the case for investigation, and sent a requisition letter to the Head Master, Melkachirapattu Panchayat Union Middle school for issuance of school records of the ground case victim Juvenile Varshini on 26.07.2019 and the Head Master has issued the certificate on 26.07.2019. Later she enquired Tmt.Latha, Head Master, Panchayat Union Middle School, Melkachirapattu Village, Tiruvannamalai District and recorded her statement on 26.07.2019. Further the ground case is under investigation.

m) I am aware that the offences committed by the accused Thiru.Suganthan in the ground case in All Women Police Station Crime No.17/2019 under section 376(A)(B), 506(i) IPC and section 4, 6 of POCSO Act 2012 offences of child abuse, is punishable under chapters XVI, XXII of IPC and to prevent offences of Child abuse under section 4, 6 of POCSO Act 2012. Further the above accused Thiru.Suganthan had committed sexual offence with minor girl which is against social justice. Further the offences committed by Thiru.Suganthan, has created alarm and feeling of insecurity and panic among the women and the female children in the society. So, the tranquility and normal tempo of the society was paralyzed and affected to a greater extent.”

Therefore, detention order has been passed.

3. Heard Mr.B.Janakiram, learned Counsel for the Petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor appearing for the respondents.

4. The learned Counsel for the Petitioner submitted that there is no mention in the detention order about the requisition made to the District Collector for passing the detention order and without going through the details of the case, the District Collector mechanically passed the detention order. Secondly, he submitted that though there is no bail application filed for the detenu till date, the detaining authority relied upon the fact that in the similar case, bail has been granted and thus, passed the detention order. However, in the said similar case, the learned Additional Public Prosecutor stated no objection for releasing the accused on bail. Therefore, the similar case referred is not similar in nature and hence, the imminent possibility of the detenu coming out on bail is ruled out and page nos. 29 and 36 of the booklet supplied to the detenu is not legible. Therefore, on the above grounds, the

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learned Counsel for the petitioner submitted that the detention order is vitiated and sought for allowing the petition. 5. Further, the learned Counsel for the petitioner submitted that there is a delay in considering the representation sent on behalf of the detenu. The representation was sent on 04.09.2019 and the same was received by the District Collector on 06.09.2019 and it was rejected on 03.10.2019. Hence, there is a delay in considering the representation sent on behalf of the detenu. With regard to this ground, he has also relied upon some judgments and concluded that the delay in disposing of the representation vitiates the entire detention order. 6. However, the learned Additional Public Prosecutor would submit that imminent possibility of the detenu coming out on bail has to be decided based on the gravity of the offence as laid down by the Hon'ble Supreme Court in Union of India and Another -vs- Dimple Happy Dhakad reported in '2019 SCC OnLine SC 875'. Even if there are any discrepancies, that will not vitiate the detention order as the detenu is involved in the sexual offence. Even though there is a delay in disposing of the representation, the delay is due to administrative reasons which could be explained and the delay is neither wilful nor wanton. However, the learned Additional Public Prosecutor submitted that the detention order has been passed on 20.08.2019 and the prayer has become infructuous. 7. Considering the above facts and circumstances, this petition is dismissed as infructuous. Though the prayer has become infructuous and the petition is dismissed as infructuous, the present Petition is kept pending for larger issues. 8. Post the matter under the caption “For Orders”.
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14-09-2020 Sapna Chouhan & Another Versus State, Rep. by Public Prosecutor, Bengaluru High Court of Karnataka
14-09-2020 Tamil Nadu Atomic Power Employees Union (A Government of India Enterprise), Rep.by its President, Kanchipuram Versus Nuclear Power Corporation of India Ltd., (A Government of India Enterprise), Rep.by its Senior Manager(Personal & Industrial Relations), Madras Atomic Power Station, Kanchipuram High Court of Judicature at Madras
14-09-2020 Zameer Versus State of Karnataka, Rep. by State Public Prosecutor, Bangalore High Court of Karnataka
14-09-2020 Dr. Varghese Perayil Versus The Election Commission of India, New Delhi, Rep. by Its Secretary & Others High Court of Kerala
11-09-2020 B.S. Yediyurappa Versus State of Karnataka, Rep. by State Public Prosecutor, Dharwad & Another High Court of Karnataka Circuit Bench At Dharwad
11-09-2020 Shyam Investments, Rep. by its Partner Nina Reddy & Another Versus Masti Health & Beauty Pvt. Ltd., Hyderabad High Court of Judicature at Madras
11-09-2020 Amarendra Bhagawati Versus The State of Assam Rep. By The Comm. & Secy., Deptt. of Excise, Govt. of Assam, Dispur, Ghy.-06 & Others High Court of Gauhati
11-09-2020 Jeevitha Versus State of Tamil Nadu, Represented by the Secretary, Home,Prohibition & Excise Department, Chennai & Another High Court of Judicature at Madras
11-09-2020 Mukund Versus The State of Karnataka, Rep. by its Secretary, Bengaluru & Others High Court of Karnataka Circuit Bench At Dharwad
11-09-2020 M/s. S.M. Cement Industries Rep. By One of Its Partners Namely, Manoj Sureka, Assam Versus Power Distribution Company Ltd. & Others High Court of Gauhati
10-09-2020 K. Ravishankar Versus State of Tamil Nadu, Represented by the Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Chennai & Others Before the Madurai Bench of Madras High Court
10-09-2020 K. Ravishankar Versus State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home, Prohibition & Excise Department, Chennai & Others Before the Madurai Bench of Madras High Court
10-09-2020 Punitha Versus State by Turuvekere Police Turuvekere, Rep. by SPP, Bengaluru High Court of Karnataka
10-09-2020 Raina Begum Versus The Union of India Rep. By The Comm & Secy. to The Govt. of India, Home Deptt., New Delhi-01, India & Others High Court of Gauhati
10-09-2020 A. Sudharani Versus The State of Andhra Pradesh, Rep., by its Principal Secretary, Civil Supplies Department, Velagapudi, Guntur District & Others High Court of Andhra Pradesh
10-09-2020 G. Chitra Poornima & Others Versus State of Karnataka, Rep. by Under Secretary Revenue Department & Others High Court of Karnataka
09-09-2020 R. Bharaneeswaran Versus The Government of Tamil Nadu, Rep. by its Secretary, School Education Department, Chennai & Others High Court of Judicature at Madras
09-09-2020 Santosh @ Sada Mahadev Chand Rakodi Versus The State of Karnataka, Rep. by SPP, Dharwad High Court of Karnataka Circuit Bench At Dharwad
09-09-2020 Padmavathi Hospitality and Facilities Management Service, Rep. by its Authorized Representative J. Anjananandan Versus The Tamil Nadu Medical Service Corporation, (A Government of Tamil Nadu undertaking), Chennai & Others High Court of Judicature at Madras
09-09-2020 Mittal Electronics Versus Sujata Home Appliances (P) Ltd. & Others High Court of Delhi
08-09-2020 The State of Tamil Nadu, Rep. by the Collector of the Nilgiris, Udhagamandalam Versus Janaki High Court of Judicature at Madras
08-09-2020 Jai Bharath College of Management & Engineering Technology, Rep. by Its Chairman, Ernakulam & Others Versus The State of Kerala, Rep. by Its Secretary to Government, Higher Education Department, Trivandrum & Others High Court of Kerala
08-09-2020 S. Jagannatha Rao Versus Air India Limited, Rep. by its Chairman and Managing Director, New Delhi & Others High Court of Judicature at Madras
07-09-2020 M/s. Smart Logistics, Unity Building Puthiyapalom, Kozhikode, Represented by Its Managing Partner, M. Gopinath Versus State of Kerala, Represented by Secretary to Home Department, Government Secretariat, Thiruvananthauram & Others High Court of Kerala
07-09-2020 Sir Venkatramanaswamy Blue Metals, Rep by its Managing Partner, M. Sivanandam & Another Versus The Assistant Commissioner, Karur & Others High Court of Judicature at Madras
07-09-2020 Badri Narayan Singh & Another Versus The Ministry of Home Affairs (MHA) Government of India, through the Home Secretary North Block, New Delhi & Others High Court of Judicature at Patna
07-09-2020 The Tamil Nadu Public Service Commission Rep. by its Secretary, Chennai Versus P. Muthian High Court of Judicature at Madras
04-09-2020 Y. Devadas Versus State of Telangana, Rep., by Special Chief Secretary, Education Dept., Government of Telangana & Another High Court of for the State of Telangana