Around 13.00 hours, M.S.Pandian, son-in-law of V.K.Gurusamy, who was known to her, came there running and rushing inside the house where Jeyanthilal is residing in the ground floor.It is, at that time, 5 persons armed with deadly weapons chased the said M.S.Pandian and trespassed into the house and all of them attacked M.S.Pandian repeatedly with aruvals 5/16http://www.judis.nic.in HCP.(MD) No.811 of 2019 and swords.When Vasantha tried to prevent them, the five persons threatened to cut and kill her also.Therefore, she raised alarm.However, the said M.S.Pandian was indiscriminately attacked.Thereafter when she went inside the house, she found M.S.Pandian was lying in a pool of blood with cut injuries.An amputated finger of M.S.Pandian was found inside the house.At the entrance of the house, a bullet and a broken cell phone were also found.Thereafter, the said victim was shifted to nearby Velammal Hospital by an ambulance.However, he was pronounced dead by the doctors.The learned Additional Public Prosecutor further submitted that thereafter, Vasantha came to B4 Keeraithurai Police Station and prepared a complaint statement requesting action, based on which a FIR in B4 Keeraithurai P.S.Cr.No.412/2016 for offences under Sections 147, 148, 448, 506(ii) and 302 of IPC was registered.After thorough investigation, the detenu Manikandan @ Chinna Vavuthalai, S/o.Alagarsamy and Muthupandi, S/o.Further, the investigation reveals that there was a previous enmity prevailing between V.K.Gurusamy and Rajapandi of Keeraithurai area over political rivalry and family disputes for years together.Due to that, both the parties carried out their revenge murders.Recently, V.K.Gurusamy's son V.K.G.Mani and Son-in-law M.S.Pandian kidnapped Thoppilli Muniyasamy S/o.Rajapandi, murdered him and burnt his body into ashes.Therefore, in order to take revenge, the supporters of Rajapandi murdered one Muniyasamy on 12.06.2018 mistaking him as M.S.Pandian.In continuation, Kalimuthu @ Vellaikali, relative of Rajapandi insisted Boomi @ Boominathan on several occasions to murder M.S.Pandian.Under such circumstances, the accused Boomi @ Boominathan joining with other accused Rambabu, Selvam @ Pinam Thinni, Soundarapandi @ Pachaikari came in a car armed with deadly weapons driven by Padam @ Muniyasamy.The detenu Manikandan @ 7/16http://www.judis.nic.in HCP.(MD) No.811 of 2019 Chinna Vavuthalai followed them on a two wheeler with Muthupandi as a Pillion Rider.Muthukumar @ Pattakumar was driving another two wheeler with Vinothkumar @ Seda Vinoth as pillion rider and followed them and all of them rushed to Nagupillai Thope.After seeing M.S.Pandian going on walk, Boomi @ Boominathan, who was in the car shot M.S.Pandian with a pistol in his possession.On hearing the sound, M.S.Pandian, escaped from them and ran away.Immediately Boomi @ Boominathan, Selvam @ Pinam Thinni armed with big aruval, Soundarapandi @ Pachaikari armed with a big sword, Muthupandi and the detenu Chinna Vavuthalai armed with deadly weapons chased M.S.Pandian and attacked him indiscriminately.On seeing this, when Vasantha tried to prevent them, the assailants threatened her also and fled away from there by car and two wheelers.They have also robbed a Two Wheeler TN 59 BP 5477 creating panic and feeling of insecurity in the minds of the local people and thereby acted in a manner prejudicial to the public order.Even the shopkeepers there also closed their shops and the vehicle riders came on that way also returned.8/16http://www.judis.nic.in HCP.(MD) No.811 of 2019Moreover, Bhuvaneswaran @ Bhuvanesh @ Kocha S/o.Ganesa on his arrest has given a confession statement on 25.04.2019 and he was remanded to judicial custody.Besides, Muniyasamy @ Padam Muniyasamy, S/o.Muthu was arrested on 26.04.2019 and his confession statement was recorded.Thereafter, he was produced before the learned Judicial Magistrate No.IV , Madurai on 26.04.2019 and remanded to judicial custody.When the investigation team was searching the other accused, Soundarapandi @ Pachaikari S/o.Chellapandi, Vinothkumar @ Seda Vinoth, S/o.Chinnapandi and Rambabu, S/o.I, Trichy on 24.04.2019 and remanded to judicial custody at the Central Prison, Trichy.(Order of the Court was made by T.Raja, J.) Mrs.Angala Eswari, W/o.Alagarsamy has filed this Writ of Habeas Corpus, challenging the validity of the impugned order of detention dated 15.07.2019 passed by the Commissioner of Police, Madurai, the 2nd respondent herein in Proceedings in No.41/BCDFGISSSV/2019, to quash the same and to set her son Manikandan @ Chinna Vavuthalai, S/o.Alagarsamy at liberty.Therefore, the 2nd respondent appears to have inferred that there is a real possibility of the detenu coming out on bail in the above case and if he comes out on bail, he would indulge in future activities which would be prejudicial to the maintenance of public order.The above reasoning given by the Detaining Authority shows that the Detaining Authority has not applied his mind properly for the reason that the 2 nd respondent failed to consider the fact that at the time of passing the detention order whether the said bail application was pending before the Sessions Court or not, but nowhere in the detention order the detaining authority mentioned about the date of filing bail application, 3/16http://www.judis.nic.in HCP.(MD) No.811 of 2019 date of hearing, date of pending disposal whereas the detention order has been passed on 15.07.2019 without verifying the pendency of the bail application.Hence, this non-application of mind would vitiate the impugned detention order, it is pleaded.The learned Counsel for the petitioner further submitted that when the detention order says that the co-accused Muniyasamy @ Padam Muniyasamy was granted bail by the Madurai Bench of this Court, it has to be seen that the said Muniyasamy was granted bail on the ground that though he had two previous cases, but the same are not similar in nature.Insofar as the present detenu is concerned, the Sponsoring Authority did not place the entire materials before the Detaining Authority.For all these reasons, the impugned order is liable to go.A detailed Counter affidavit has been filed by the 2nd respondent, the Commissioner of Police, Madurai city, Madurai.Though the detenu also has moved the bail application, the same was pending.As per the ground case, one Vasantha, w/o.Pandian is residing at Flat No.572, TNHB Colony, Anuppanadi, Madurai for rent and her ancestral house is located at Door No.50/216, Subbammal Compound, Sinthamani Main Road, Madurai.While so, one Jeyanthlal is residing at the ground floor for lease whereas one Seenivasan is residing at the first floor of the house for rent.On 18.04.2019 at about 12.00 hours, Vasantha came to the said house and was sitting on the stairs in the ground floor.Kumar were arrested on 24.04.2019 and their confession statements were also recorded.Thereafter, the duo were produced before the Judicial Magistrate No.IV, Madurai on 24.04.2019 and remanded to judicial custody at the Central Prison, Madurai.On 26.04.2019, they were transferred to the Central Prison, Madurai.Thereafter, the trio were taken to police custody on 27.04.2019 and their confession statements were recorded.Moreover, the case properties, namely, a 9/16http://www.judis.nic.in HCP.(MD) No.811 of 2019 sword was seized from Soundarapandi @ Pachaikari, a Hero Honda Splender Two Wheeler was seized from Vinothkumar @ Seda Vinoth and one Two Wheeler was seized from Rambabu on 28.04.2019 under attachi.The learned Additional Public Prosecutor further submitted that the representation dated 02.08.2019 submitted by the petitioner addressed to the State Government marking a copy to the Detaining Authority was received by the Detaining Authority on 05.08.2019 from the petitioner and remarks for the same were called for from the Sponsoring Authority on 05.08.2019 and the remarks which were received from the Sponsoring Authority on 06.08.2019 were sent to the Government on the same day without any delay.Therefore, there is no infirmity in the detention order passed by the 2nd respondent.10/16http://www.judis.nic.in HCP.(MD) No.811 of 20199. Heard the learned Counsel on either side and I have also perused the typed set of papers including the detention order carefully.At the outset, it is an admitted case that after killing M.S.Pandian, when the investigation team was searching the offenders, the detenu Manikandan @ Chinna Vavuthalai and his associate Muthupandi were arrested on 24.04.2019 Thereafter, the duo were produced before the Judicial Magistrate No.IV, Madurai on 24.04.2019 and remanded to judicial custody at the Central Prison, Madurai.Besides, the accused Boomi @ Boominathan was surrendered before the learned II Metropolitan Magistrate, Chennai on 25.04.2019 and was remanded to judicial custody till 03.05.2019 at the Puzhal Prison, Chennai.The accused Rambabu along with other accused surrendered before the learned Judicial Magistrate No.I, Trichy on 24.04.2019 and remanded to judicial custody at the Central Prison, Trichy.Moreover, a sword was seized from Soundarapandi @ Pachaikari.On the basis of the confession statements given by them, it appears that a Hero Honda 11/16http://www.judis.nic.in HCP.(MD) No.811 of 2019 Splender Two Wheeler was also seized from Vinothkumar @ Seda Vinoth and one another two wheeler was seized from Rambabu on 28.04.2019 under attachi.Thereafter, all these three accused were produced before the Judicial Magistrate No.IV, Madurai and their remand period has also been extended.While so, the representation dated 02.08.2019 submitted by the petitioner to the State Government marking a copy to the Detaining Authority was received by the Detaining Authority on 05.08.2019 and remarks for the same were called for from the Sponsoring Authority on the same day and remarks were received from the Sponsoring Authority on 06.08.2019 which were sent to the Government on the same day itself without any delay.Secondly, the detenu was in remand in the ground case in Crime No.412/2019 of B4 Keeraithurai Police Station for the offences under Sections 147, 148, 448, 506(ii) and 302 of IPC altered into Sections 147, 148, 448, 506(ii), 392 and 302 of IPC and Section 25(1- A) of the Arms Act, 1959 altered into Section 120-B, 147, 148, 448, 506(ii), 392, 302 of IPC and 25(1-A) Arms Act, 1959 in Central Prison, Palayamkottai and on the date of passing of the detention order i.e. on 12/16http://www.judis.nic.in HCP.(MD) No.811 of 2019 15.07.2019, the bail application filed in Crl.M.P.No.2392/2019 was pending disposal.13/16http://www.judis.nic.in HCP.(MD) No.811 of 2019Since a Full Bench of this Court in Arumugam vs. State of Tamil Nadu rep. by its Secretary to Government, Home, Prohibition & Excise Department, Fort St. George, Chenni-9 and another reported in 2011 (4) CTC 353 has held that even a single incident giving rise to a single case would be sufficient and if that single case is of the nature as defined in Section 3 of the Act, there can be a valid order of detention.In view of all the above, we find no infirmity in the order detaining the detenu Muthupandi, S/o.Kumar under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-Grabbers and Video Pirates Act, 1982 (T.N.Act 14 of 1982).14/16http://www.judis.nic.in HCP.(MD) No.811 of 2019In the result, the Habeas Corpus Petition fails and the same stands dismissed.2.The Commissioner of Police, Madurai City, Madurai.3.The Superintendent, Central Prison, Palayamkottai.The Public Prosecutor, High Court, Madras.15/16http://www.judis.nic.in HCP.(MD) No.811 of 2019 T.RAJA, J.and B.PUGALENDHI,J.tsi Pre-delivery order in HCP.(MD) No.811 of 2019 16/16http://www.judis.nic.in HCP.(MD) No.811 of 2019 04.06.2020

Sections cited: Section 448 in The Indian Penal Code, Section 148 in The Indian Penal Code, Section 147 in The Indian Penal Code, Section 302 in The Indian Penal Code, Section 506 in The Indian Penal Code, Section 392 in The Indian Penal Code, Section 120B in The Indian Penal Code