V MARIAPPAN Vs. COMMISSIONER OF POLICE AND ANR

JUDGEMENT

(1.) Challenge is made to an order of detention made by the first respondent dated 25.11.2009, whereby the petitioner detenu was ordered to be detained under Act 14/82 terming him as a Goonda as defined under the provisions of that enactment.

(2.) The affidavit in support of the petition is perused including all the materials and in particular, the order under challenge. The Court heard the learned Counsel on either side.

(3.) Admittedly, pursuant to the recommendations made by the sponsoring authority that the detenu is involved in two adverse cases namely Palayamkottai PS Crime No. 669/2008 for women missing altered to Sections 147, 302, 201 and 506(ii) of IPC and Palayamkottai PS Crime No. 1783/2009 under Sections 294(b) and 323 of IPC and also a ground case in Crime No. 1904/2009 registered by Palayamkottai PS under Sections 294(b), 341, 307 and 506(ii) of IPC for an occurrence that took place on 17.11.2009, and he was arrested and sent to judicial custody on the same day, the detaining authority on scrutiny of the materials available made the order under challenge after recording its subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of the public order.