LAWS(MAD)-2010-4-384

ARUNACHALAM Vs. STATE OF TAMIL NADU

Decided On April 07, 2010
ARUNACHALAM Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Challenge is made to an order dated 4.12.2009 passed by the second respondent against the petitioner's friend Nattu @ Natarajan terming him as "Goonda" as defined under 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 the the detention order came to be made on the recommendations made by the sponsoring Authority that the detenu is involved in two adverse cases viz. (i) E. Pudur police station Crime No.97 of 2009 for the offences under Sections 397, 427, 506(ii) of the Indian Penal Code for the occurrence that had taken place on 13.2.2009 (ii) K.K. Nagar police station Crime No.489 of 2009 for the offences under Sections 387, 506(ii) of the Indian Penal Code for the occurrence that had taken place on 17.11.2009 and also a ground case in Crime No.778 of 2009 registered by E. Pudur police station for the offences under Sections 392, read with 397, 506(ii) of th Indian Penal code for the occurrence that had taken place on 18.11.2009, in which case the detenu was arrested on the very day and produced before the Court for judicial remand. The Detaining Authority, on scrutiny of entire materials, after recording subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, has made the order under challenge.