MATHIYALAGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition is brought forth by the friend of the detenu challenging the order of the second respondent in S.C. No.56/2009 dated 9.12.2009, whereby his friend Murugan was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.

(2.) The Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) It is not in controversy that pursuant to the recommendation made by the Sponsoring Authority that the detenu is involved in 14 adverse cases viz. (i) Crime No.202 of 2006 registered by Hudco Police Station for the offence under Section 379 of the Indian Penal Code; (ii) Crime No.203 of 2006 registered by Hudco Police Station for the offence under Section 379 of the Indian Penal Code; (iii)Crime No.27 of 2009 registered by Berigai Police Station for the offences under Sections 457, 380 of the Indian Penal Code; (iv) Crime No.367 of 2009 registered by Shoolagiri Police Station for the offences under Sections 457, 380 of the Indian Penal Code; (v) Crime No.190 of 2009 registered by Sipcot Police Station for the offences under Sections 457, 380 of the Indian Penal Code; (vi) Crime No.295 of 2009 registered by Hudco Police Station for the offences under Sections 457, 380 of the Indian Penal Code; (vii) Crime No.1353 of 2009 registered by Hosur Town Police Station for the offences under Sections 457, 380 of the Indian Penal Code; (viii) Crime No.1354 of 2009 registered by Hosur town Police Station for the offences under Sections 457, 380 of the Indian Penal Code; (ix) Crime No.302 of 2009 registered by Royakottai Police Station for the offence under Section 379 of the Indian Penal Code; (x) Crime No.266 of 2009 registered by Mathigiri Police Station for the offence under Section 379 of the Indian Penal Code; (xi) Crime No.243 of 2009 registered by Royakottai Police Station for the offences under Sections 457, 380 of the Indian Penal Code; (xii) Crime No.357 of 2009 registered by Sipcot Police Station for the offence under Section 379 of the Indian Penal Code; (xiii) Crime No.302 of 2009 registered by Mathigiri Police Station for the offence under Section 379 of the Indian Penal Code; (xiv) Crime No.296 of 2009 registered by Mathigiri Police Station for the offences under Sections 457, 380 of the Indian Penal Code and one ground case in Crime No.369 of 2009 registered by Bagalur police station for the offences under Sections 341, 392, 506(ii) of the Indian Penal Code for the incident that had taken place on 19.11.2009 and the detenu was arrested on the very day, the Detaining Authority, on scrutiny of materials placed, passed the detention order, after arriving at the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, which is the subject matter of challenge before this Court.