RAJENDRAN ALIAS GIRI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has been detained as "Goonda" under Tamil Nadu Act 14 of 1982. In the grounds of detention it is stated that the petitioner is a habitual criminal as he has come to adverse notice (1) in THEnampet Police Station Crime No. 139 of 1988, a case registered under Sec.379, Indian Penal Code on 20.1.1988 for alleged theft of Rs.1,838 belonging to one Dr. Kumarasamy at a bus stop within the jurisdiction of THEnampet Police Station Limits, Madras City, for which case he was charged on 15.10.1988 and the trial is pending before the 18th Metropolitan Magistrate, Saidapet, Madras, in C.C.No.7630 of 1988, (2) in THEnampet Police Station Crime No. 1195 of 1988 under Sec.379, Indian Penal Code registered on 4.5.1988 for alleged theft of Rs.1,805 belonging to one Subramani travelling in a bus at Thousand Lights near a bus stop within the jurisdiction of THEnampet Police Station, Madras City, in respect of which case he has been charged on 15.10.1988 and trial is pending before the 18th Metropolitan Magistrate, Saidapet, Madras in C.C.No.7632 of 1988, (3) in THEnampet Police Station Crime No.1398 of 1988 under Sec.379, Indian Penal Code registered on 20.5.1988 for alleged theft of Rs. 1,830 from Seranathan in a bus within the jurisdiction of THEnampet Police Station limits, Madras City, in respect of which he was charged on 15.10.1988 and trial is pending before the 18th Metropolitan Magistrate, Saidapet, Madras, in C.C.No.7633 of 1988 and (4) in THEnampet Police Station Crime No.2048 of 1988 under Secs.394,336,427 and 506 (ii) Indian Penal Code registered on 30.6.1988 for having snatched a zip hand bag containing cash of Rs.23.75 from one Amul Dass within the jurisdiction of THEnampet Police Station limits. When, however, the complainant tried to catch him, the petitioner assaulted him with knife, causing simple hurt and thus threatened the public with dire consequences, broke two soda bottles to threaten the public and caused breach of peace and panic in that area. This case was also charged on 15.10.1988 and trial is pending against him in C.C.No.7629 of 1988 before the 18th Metropolitan Magistrate, Saidapet, Madras.

(2.) THUS, it is stated in the grounds of detention, inter alia, "On 7.6.1990 at about 10.00 a.m. Thiru Kandasamy, male, aged 47 years, S/o.Perumal Gounder of Sundamettur Village of Sankari Taluk was standing at Prabath Cinema Theatre Bus Stop, Trichy Main Road, Salem with a leather bag containing cash Rs.1,000 and waiting for bus. He Game to Salem to see his ailing mother at T.V.C. Nursing Home, Gugai, Salem. At that time, the said Rajendran @ Giri came nearer to Kandasamy and tried to snatch the leather bag. But Kandasamy was holding the bag tightly, but Rajendran @ Giri suddenly showed a knife and as saulted and caused bleeding injury on the right index finger of Kandasamy and by threat snatched the leather bag from Kandasamy and started moving towards north. The said Kandasamy raised an alarm. On seeing this, one Mohan standing near Kandasamy also ran towards Rajendran @ Giri. On hearing the alarm raised by the said Kandasamy, auto drivers Durairaj and Krishnan and Gangaraj, Madavan (both cobblers) attempted to catch hold of said Rajendran @ Giri. At that time the said Rajendran @ Giri showed the knife and threatened them saying and then the said Rajendran @ Giri started running. On seeing the violent act committed by said Rajendran @ Giri, the pedestrians on the road, out of panic and fear, ran for their lives in different directions. The auto-rickshaw drivers, who were approaching the scene, out of panic and fear, moved fast in their vehicles. Nearby tea shop and lottery ticket shops owners closed their shops on seeing the violent act committed by the said Rajendran @ Giri. The entire traffic on the Salem-Trichy Main Road came to a standstill due to this violent incident. At that time some by-passers pelted stone on Thiru Rajendran @ Giri and he sustained injury on his left leg knee and fell down. Then Kandasamy with help of Mohan and auto drivers caught hold of Thiru Rajendran @ Giri by holding his hand and leg. Kandasamy took the leather bag and knife. On enquiry, Thiru Rajendran @ Giri identified himself as son of one Sivaraj @ Ramasamy, Chrompet, Madras. At the time when Thiru Rajendran @ Giri was about to be taken to Shevapet Police Station, the police arrived at the spot. The said Kandasamy came to Shevapet Police Station along with Mohan and said Rajendran @ Giri and lodged a written complaint regarding the above described grave crime committed by the said Rajendran @ Giri and handed over the leather bag containing cash Rs. 1,000 and knife. A case were registered in Shevapet Police Station Crime Nos.361 and 52 of 1990 under Sec.397, I.P.C. The above case is under investigation. The above said Rajendran @ Giri was arrested by the Inspector of Police, Crime, Shevapet at 11.00 hrs. On 7.6.1990, the production by the said Kandasamy at Shevapet Police Station, the leather bag, cash Rs.1,000 and knife were seized by the Inspector of Police, Shevapet Crime in Form-95. The said Rajendran @ Giri was remanded on 7.6.90 before judicial Magistrate No.III, Salem. The case property was deposited in Judicial Magistrate No.III Salem in C.P.No.138 of 1990. By committing the above described crime in a public place, in an important and busy area, the said Rajendran @ Giri had created an alarm, panic and a feeling of insecurity in the minds of the people in the area and thereby acted in manner prejudicial to the maintenance of public order." On that basis it is stated, "it petitioner by committing the above said grave crime in a crowded area at Prabath Cinema Theatre in Trichy Main Road, in the day light created alarm and a feeling of insecurity in the minds of the people in the area and thereby acted in a manner, prejudicial to the maintenance of public order.

(3.) WE are of opinion that on both the grounds aforesaid, the present petition has to be allowed. The four previous instances referred to above relate to theft committed by the petitioner in the year 1988, without there being any connection of anything done besides the thefts, to create any disturbance of public order. The reference to his causing simple hurt with knife in Crime No.2048 of 1988 (referred to above) and threatening the public with dire consequences by breaking two soda bottles, however, have some connection of this kind, but they appear to be too remote in point of time. The instance for which the petitioner has been taken under detention is one dated 7.6.1990, in which it is stated that the petitioner attempted to commit theft but when Kandasamy resisted he showed a knife and assaulted and caused bleeding injury on the index finger of Kandasamy and by threat snatched the leather bag from Kandasamy and started moving towards north. When Kandasamy raised alarm, one Mohan standing near Kandasamy also ran towards the petitioner and on hearing the alarm raised by him several other persons attempted to catch hold of the petitioner. At that time the petitioner showed the knife and threatened them and thereafter started running. On the basis of this, it is stated, on seeing the violent act committed by the petitioner, the pedestrians on the road, out of panic and fear, ran for their lives in different directions, that the autorickshaw drivers, who were approaching the scene, out of panic and fear, moved fast in their vehicles, that the nearby tea shop and lottery ticket shop owners closed their shops on seeing the violent act committed by the petitioner and the entire traffic on the Salem-Trichy main road came to a standstill due to this violent incident. It is further stated, "At that time some by-passers pelted stone on the petitioner and he sustained injury on his left leg knee and fell down. Then Kandasamy with help of Mohan and auto drivers caughthold of the petitioner by holding his hand and leg. Kandasamy took the leather bag and knife. On enquiry, petitioner identified himself as son of one Sivaraj @ Ramasamy, Chromepet, Madras. At the time when petitioner was about to be taken to Shevapet Police Station, the police arrived at the spot. The said Kandasamy came to Shevapet Police Station along with Mohan and petitioner, and lodged a written complaint regarding the above described grave crime committed by petitioner and handed over the leather bag containing cash Rs. 1,000. This solitary incident of a knife injury caused in a finger of the victim followed by the attempt of the petitioner to run away with the leather bag allegedly brandishing the knife is said to be such that the public order was in jeopardy. It is indeed a case squarely falling under the realm of law and order and not under the realm of public order.