K JAYARAMAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The order dated 17.11.2002 passed by the Commissioner of Police, Salem, dubbing one Vakkil Kandasamy @ Kandasamy S/o. Kulandaivelu as a "Goonda" and directing his detention 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 14 of 1982) is challenged in this petition. The said person is suggested to have been involved in a criminal case and also in an incident dated 7.10.2002 involving murder of one Kumar, which took place in Shanmugha Nagar at about 10'o clock at night at 6.10.2002.

(2.) The fact suggests that, on that date, one Manickam came and reported before the police that he had three sons Kumar, Rajendran and Thangaraj and his daughter Alamelu was married to one Boopathi. However, the said Alamelu came back leaving her husband and started staying with one Kannan S/o. Raju and from that time the relationship between the families of Manickam and Kannan became strained. It was pointed out that on account of his sister's behaviour and on account of Kannan staying with his sister, Kumar was irritated and he requested Kannan to send back his sister Alamelu and on that count enmity between Kumar and Kannan prevailed and there used to be petty quarrels. Kumar was also given some threats by one Vakkil Kandasamy, the detenu herein and Durai, who were the supporters of Kannan. The grounds further suggests that Kumar was also beaten up by Vakkil Kandasamy, detenu, and Durai and there was a compromise effected between them by panchayatdars.

(3.) On the fateful day, when Kumar went for his salary to his master, he did not return till 10.00 p.m. and it turned out that he had been seen in the company of Vakkil Kandasamy, Durai and Kannan. When he was not found even after enquiring with these persons, the body of Kumar was found on the vacant land on the backside of E.B. Office close to a footpath. It was stated that on this count, on seeing the murder, public alarm was caused and the tranquility was disturbed.