KUTTI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition is brought forth by the sister of the detenu challenging the order of the second respondent in 72/BDFGISSV/2010 dated 10.4.2010, whereby her brother Sasi @ Sasi Kumar 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 twelve adverse cases viz. (i) Crime No.430 of 2000 registered by T-15 SRMC P.S. for the offences under Sections 454, 380 of the Indian Penal Code; (ii) Crime No.23 of 2001 registered by T-15 SRMC P.S. for the offences under Sections 454, 380 of the Indian Penal Code; (iii) Crime No.425 of 2001 registered by T-5 Thiruverkadu P.S. for the offences under Sections 454, 380 of the Indian Penal Code; (iv) Crime No.347 of 2001 registered by T-15 SRMC P.S. for the offences under Sections 454, 380 of the Indian Penal Code; (v) Crime No.453 of 2001 registered by T-15 SRMC P.S. for the offences under Sections 454, 380 of the Indian Penal Code; (vi) Crime No.454 of 2001 registered by T-15 SRMC P.S. for the offences under Sections 454, 511 of the Indian Penal Code; (vii) Crime No.838 of 2001 registered by T-4 Maduravoyal P.S. for the offences under Sections 454, 380 of the Indian Penal Code; (viii)Crime No.897 of 2001 registered by T-4 Maduravoyal P.S. for the offences under Sections 454, 380 of the Indian Penal Code; (ix) Crime No.472 of 2001 registered by T-15 SRMC P.S. for the offences under Sections 454, 380 of the Indian Penal Code; (x) Crime No.1134 of 2001 registered by T-10 Thirumullaivoyal P.S. for the offences under Sections 454, 380 of the Indian Penal Code; (xi) Crime No.72 of 2010 registered by T-12 Poonamalee P.S. for the offences under Sections 454, 380 of the Indian Penal Code; (xii) Crime No.85 of 2010 registered by T-12 Poonamalee P.S. for the offences under Sections 454, 380 of the Indian Penal Code and one ground case in Crime No.162 of 2010 registered by T-12 Poonamallee police station for the offences under Sections 341, 294(b), 336, 427, 397, 506(ii) of the Indian Penal Code for the incident that had taken place on 18.3.2010 and the detenu was arrested on 19.3.2010, 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.