SATHYA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition is brought forth by the wife of the detenu challenging the order of the second respondent in M.H.S. Confdl. No. 28/2010 dated 26.3.2010, whereby the detenu Raj Narayanan @ Raj was ordered to be detained as "Goonda" under the provisions of the Act 14 of 1982.

(2.) Affidavit filed in support of the petition is perused. 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 three adverse cases viz. (1) Palayamkottai Police station Cr. No. 331 of 2006 for the offences under Sections 147, 148, 302 and 506(ii) of the Indian Penal Code (2) Palayamkottai Police station Cr. No. 217 of 2006 for the offences under of the Indian Penal Code; (3) Keelpakkam Periyamedu Police station Cr. No. 97 of 2010 for the offences under Sections 147, 148, 341, 307, 302 of the Indian Penal Code and one ground case in Crime No. 42 of 2010 registered by Tirunelveli Taluk Police Station for the offences under Sections 147, 148, 420, 506(i) of the Indian Penal Code read with Section 3(1)(X) of the Scheduled Caste and Scheduled Tribes and Prevention of Atrocities Act, 1989 and Section 387 of the Indian Penal Code for the incident that had taken place on 16.2.2010 and the detenu was arrested on 7.3.2010, the Detaining Authority, on scrutiny of materials available on record and after arriving at the subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of public order, passed the order of detention, which is the subject matter of challenge before this Court.