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Preventive detention of youth under NSA quashed

By Our Staff Reporter

MADURAI, MARCH 9. The Madurai Bench of the Madras High Court today quashed an order detaining seven persons, allegedly involved in the bomb attack on the Puthiya Thamizhagam president, K. Krishnasamy, under the National Security Act (NSA).

Allowing a habeas corpus petition, a Division Bench, comprising Justice P.K. Misra and Justice A.R. Ramalingam, set aside the preventive detention order on the ground that the detaining authority had not come to a conclusion that there was an "imminent possibility" of the detenus coming out on bail.

In his detention order, the Tirunelveli City Police Commissioner, had stated he was aware that the detenus were in judicial custody and had not filed any bail application in the bomb attack case. However, he detained them under NSA based on an apprehension that the detenus were likely to indulge in activities prejudicial to maintenance of public order, if they were enlarged on bail on moving the court in future.

Sakthi alias Sakthivel, Suresh, Shenbagam, Kannan, Lakshmanan, Manikandan and Siva alias Sivalingam were arrested in connection with the bomb attack on the Puthiya Thamizahagam leader at Thendral Nagar in Tirunelveli on July 26.

Dr. Krishnasamy, along with the organizing secretary of the party, Velsamy, and the car driver, N. Selvaraj, escaped with minor injuries.

The trio was attacked while returning to the party office after appearing in a court in connection with the case of murder of Manjolai tea estate supervisor, Antony Muthu, in 1997.

The police confiscated three unexploded bombs and six sickles from the accused while taking them into custody from Ramayanpatti near Tirunelveli. Though the accused were sent to judicial custody in the case, they were later detained under NSA on August 25.

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