S KALAIVANI Vs. STATE

JUDGEMENT

(1.) The petitioner is the wife of the detenu D.Thaveethu @ Thennavan. She challenges an order of the second respondent made in BDFGISSV No.17/2010 dated 4.4.2010, whereby her husband was ordered to be detained under Act 14/82 branding him as a Goonda.

(2.) The Court heard the learned Counsel for the petitioner and also the learned Additional Public Prosecutor for the State. The Court also looked into the materials available including the grounds of detention.

(3.) Pursuant to the recommendations made by the sponsoring authority that the detenu is involved in three adverse cases namely (1) Mamallapuram PS Cr.No.192/2009 under Sections 147, 148, 120(b), 302 IPC r/w 3 & 4 of Indian Explosive Substances Act; (2) Chunambedu PS Cr.No.59/2010 under Sections 147, 148, 341 and 302 IPC and (3) Chunambedu PS Cr.No.60/2010 under Sections 147, 148, 294(b), 394, 307 IPC r/w 3 of Indian Explosive Substances Act and also in one ground case registered by Chunambedu PS Cr.No.154/2010 under Sections 147, 148, 294(b), 341, 394, 307 IPC r/w 4 of Indian Explosive Substances Act, 1908 for an occurrence that took place on 17.2.2010, and he was arrested on 1.3.2010 and remanded to judicial custody, the detaining authority after scrutiny of the materials placed, formed an opinion that the detenu should be detained under Act 14/82 and hence passed the order which is under challenge.