D SENTHIL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenge is made to an order dated 28.8.2009 passed by the second respondent, whereby the petitioner's friend Bose has been detained under the Act 14 of 1982, after terming him as "Goonda".

(2.) This 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 recommendations made by the sponsoring Authority that the detenu was involved in one adverse case viz. Madurai Railway Police Station Crime No.528 of 2009 for the offences under Sections 147, 341, 352, 294(b) of the Indian Penal Code and also a ground case in Crime No.529 of 2009 registered by Madurai Railway Police Station for the offences under Sections 147, 148, 341, 294(b) of the Indian Penal Code and Sections 2 and 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 for the occurrence that had taken place on 16.8.2009, in which case the detenu was arrested on 19.8.2009, on scrutiny of materials, the Detaining Authority has arrived at the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order and passed the detention order after terming him as "Goonda". The said order is under challenge in the present habeas corpus petition.