S. SUBASH BABU Vs. STATE

JUDGEMENT

(1.) THE detenu Dharman, who has filed a supporting affidavit (hereinafter called the Petitioner") has been detained under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum -grabbers Act, 1982 (Tamil Nadu Act No. 14 of 1982) (hereinafter called "the Act") on the basis of the three cases cited viz., (1) Cantonment P.S. Crime No. 288/87, Cantonment P.S. Crime No. 415/89 and Cantonment P.S.Cr. No. 800/89 he has been described as a "Goonda" and then for the ground case cited in the Grounds of detention served upon him, it is said: One Thiru Thaniyarasu, son of Thiru Manian, is a resident of Williams Road, near Sevasangam, Thiruchirapalli Town and running a tea shop. Thiru Dharman of Mudukkupatti came frequently to his shop, threatened him and took tea without giving the cost of tea. On 24 -6 -90, at about 09.30 P.M. near Periyar statue at Central Bus stand of Thiruchirapalli, Thiru Dharman demanded Rs. 10/ - from Thiru Thaniyarasu to Drink arrack in an authoritatve tone. Thiru Thaniyarasu replied that he has no money to give him. Suddenly Thiru Dharman stated and cut him with an aruval which was kept in his back, and caused injuries and swelling on his left fore feet. One Thiru Arumugham who was witnessing the scene tried to catch hold of him. Thiru Dharman said

(2.) THIRU Arumugham, out of fear, did not catch him. He also threatened the public showing the aruval and shouted and ran away. Due to this atrocious incident on Thaniyarasu, the free flow of the buses in the Central bus stand were frozen. The peace and tranquillity in the area got disturbed. Thiru Thaniyarasu appeared at Cantonment P.S. and preferred a complaint. On the complaint of Thiru Thaniyarasu, a case in Cantonment P.S.Cr. No. 975/90. Under Section 341, 324, 506(ii) I.P.C. was registered. Thiru Thaniyarasu was sent to the Government Head quarters Hospital, Tiruchirapalli, for medical treatment. The Inspector of Police (L and O), Cantonment took up further investigation in this case. The investigation is not yet completed.

(3.) CANTONMENT Police Station Crime No. 288/87 was a case of assault by the Petitioner upon certain persons at the midnight of 18 -2 -1987, for which a case under Section 324 and 326 I.P.C. was registered and it is said "was pending trial" at the time of making of the detention order. Cantonment Police Station Crime No. 415/89 again was a case of assault by the Petitioner individually due to previous enmity for which a case under Section 341 and 325 IPC was registered, and it is said at the time of making of the detention order, "pending trial before the Judicial Magistrate". Cantonment Police Station Crime No. 800/89 again was a case of certain overt acts causing simple injuries with knife in the forehead and right thumb of the victims. It is said, at the time of making of the detention order, this also was pending trial in the Court of Judicial Magistrate. The Ground case has already been extracted above. It shows, first that the Petitioner was in the habit of taking tea without paying for its price to a tea shop and secondly, on 24 -6 -1990 at about 9 -30 P.M. he demanded Rs. 10/ - from a certain person at Central Bus stand of the Town allegedly for drinking arrack and when demanded money was not paid to him, stated: