LAWS(MAD)-2010-9-623

P MANOKARAN Vs. STATE

Decided On September 13, 2010
P Manokaran Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition is brought forth by the father of detenu challenging the order of the second respondent in No. BDFGISSV/01/2010 dated 2.1.2010, whereby the detenu Raja @ Simon @ Kutty 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 four adverse cases viz. (i) Thiruvallur Taluk Police Station Crime No. 647 of 2009 for the offences under Sections 341, 294(b) and 506(ii) of the Indian Penal Code; (ii) Thiruvallur Taluk Police Station Crime No. 724/2009 for the offences under Sections 341, 294(b), 324, 506(ii) of the Indian Penal Code; (iii) T-12 Poonamallee Police Station Crime No. 915/2009 for the offence under Section 379 of the Indian Penal Code and (iv) T-12 Poonamallee Police Station Crime No. 917/2009 for the offences under Sections 341, 294(b) read with 384 of the Indian Penal Code and ground case in Crime No. 920 of 2009 registered by T-12 Poonamallee Police station for the offences under Sections 294(b), 427, 392, 307 and 506(ii) of the Indian Penal Code for the incident that had taken place on 13.12.2009 and the detenu was arrested and remanded to judicial custody on 14.12.2009, 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.