N.ANAND VENKATESH,J. - (1.)The petitioner is the sister of the detenu viz., Baskar @ Rengadurai, son of Panneerselvam, aged about 40 years. The detenu has been detained by the second respondent by his order in Detention Order P.D.No.69/2022 dtd. 19/6/2022 holding him to be a "Sexual Offender", as contemplated under Sec. 2(e) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.
(2.)We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.
(3.)Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner mainly urged two grounds questioning the validity of the detention. The first ground that was urged by the learned counsel for the petitioner is that the detenu has already been acquitted from the criminal case in S.C.No.53/2022 through judgment and order passed by the POCSO Court, Thanjavur on 11/11/2022. Hence, according to the learned petitioner, the detention order also must fail. The second ground that was urged by the learned counsel for the petitioner is that the detaining authority, after being aware of the fact that the bail application filed by the detenu was dismissed, came to a conclusion that there is likelihood of the detenu coming out on bail, based on the order passed in Cr.M.P.No.377/2020 dtd. 17/9/2020. The learned counsel for the petitioner submitted that the order that was relied upon by the detaining authority cannot be considered to be a similar case.