DEEPA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity] has been filed by the spouse of a detenu assailing a 'detention order dtd. 4/11/2022 bearing reference C3/D.O/32/2022' [hereinafter 'impugned detention order' for the sake of brevity and convenience] made by the 'jurisdictional District Collector and District Magistrate i.e., second respondent' [hereinafter 'detaining authority' for the sake of convenience]. In and by the impugned detention order the detenu has been branded as 'Goonda' within the meaning of Sec. 2(f) of 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goondas, Immoral Traffic Offenders Slum grabbers and Video Priates Act, 1982 (Tamil Nadu Act 14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience]. The detenu was arrested in cases [cited as adverse and the ground cases in the impugned detention order] on 23/10/2022.

(2.) Suffice to say that the ground case is Crime No.467 of 2022 for alleged offences under Ss. 447, 395 read with Sec. 397 of the Indian Penal Code (45 of 1860) [hereinafter 'IPC' for the sake of brevity] on the file of Puthuchathiram Police Station [Cuddalore District]. There is one adverse case and the same is Crime No.392 of 2022 for alleged offences under Ss. 454 and 380 IPC which is also on the file of the same Police Station, namely, Puthuchathiram Police Station.

(3.) Mr.R.Sankarasubbu, learned counsel for petitioner assisted by Mr.A.Ramesh for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.Sylvester John for respondents are before us.