R NATESAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner is the brother of the detenu, Sankar @ Umari Sankar and the detenu has been detained under custody under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers,Drug Offenders and Slum Grabbers Act, 1982 (Tamil Nadu Act 14 of 1982), branding him as a 'Goonda'. The order of detention has been passed by the second respondent herein and was made in H.S.(M) Confdl. No.39 of 2003 dated 15.10.2003.

(2.) According to the grounds of detention on which the detention has been made, one Gunaseelan residing at South Maranthalai is a cousin brother of Muthuvel of Umarikadu. The said Muthuvel of Umarikadu was murdered and according to the prosecution, the detenu and his associates were responsible for the murder of the said Muthuvel on 4.8.2003 at Authoor. A case under sections 147, 148 and 302 I.P.C. has been registered against the detenu in Crime No.125 of 2003 of Authoor Police Station. Gunaseelan, cousin brother of the deceased was examined and according to the grounds of detention, on 7.10.2003 the said Gunaseelan along with two others went to a place called, Madathuvilai near Arumuganeri to see his friend, Antony Samy @ Arockiasamy and at about 8.30 a.m. when they alighted from the bus at Madathuvilai, the detenu came towards them and threatened Gunaseelan using obscene language and also stabbed him. It is stated that Gunaseelan escaped from his clutches and ran towards west and when the persons accompanied him intervened, the detenu intimidated and attempted to murder them and out of fear they ran away. It is stated that the detenu chased Gunaseelan and Gunaseelan entered into a hut and bolted from inside. It is also stated that the detenu then got wild and kicked the door and finally set the hut to fire. It is stated that nearby residents rushed there and put out the fire and Gunaseelan went to the Police Station and gave a complaint and the Inspector of Police took up the investigation and prepared the observation mahazar and seized the material objects. He also recorded statements from the witnesses. It is stated that the detenu was arrested on 10.10.2003 and his confession statement was recorded and he was produced before the Judicial Magistrate, Tiruchendur and remanded to judicial custody till 22.10.2003 and he was lodged in the Central Prison, Palayamkottai.

(3.) The detaining authority came to the conclusion that the detenu is habitually committing crime and he is also acting in a manner prejudicial to the maintenance of public order and as such he is a goonda under the provisions of the Tamil Nadu Act 14 of 1982. He therefore came to the conclusion that by committing the grave crime in the public, in a busy locality, the detenu has created alarm and feeling of insecurity in the minds of the people of the area and thereby acted in a manner prejudicial to the maintenance of public order. It is, on the above grounds, the order of detention was passed which is the subject matter of challenge in the petition.