(1.) THE detenu who has been detained as a Goonda under the Tamil Nadu Act 14 of 1982, seeks to be released contending that the detention order dated 4. 3. 2004 is vitiated by several grounds.
(2.) THOUGH several grounds have been raised, we are inclined to hold that two of the grounds raised by the learned counsel for the petitioner deserve serious consideration. We do not find it necessary to deal with the other grounds raised by him, considering that he is entitled to be released on one of the two grounds discussed below.
(3.) ON 13. 2. 2004 at about 5. 45 p. m. , Senthil Kumar, the complainant is alleged to have been threatened by four persons including the detenu who had come in two motorcycles. The complainant was restrained by four individuals and was abused by them. He was threatened to part with his belongings. But when the complainant replied that he had nothing with him, one of the four persons took out a knife and threatened the complainant, while the detenu is alleged to have inserted his hand into the complainant's shirt pocket and took away Rs. 150/-, while another snatched away his wrist watch. The complainant shouted and when the public around the place rushed to the spot, the assailants are alleged to have attempted to escape after creating a scene of violence by picking up glass tumblers from the mobile tea shop and by throwing and breaking the glass tumblers into pieces on the road. There was a total panic in the area, resulting in traffic dislocation. However, the public, with the help of the police, successfully caught them and they were taken to Shastri Nagar Police Station. A complaint was lodged by Senthil Kumar, which was registered as Crime No. 122 of 2004 under Sections 341, 336, 392, 427 and 506 (ii), I. P. C. The Inspector took up investigation, visited the spot and prepared the observation mahazar and recorded statements of witnesses. Subsequently, confession statements of the four accused were recorded. They were later remanded to custody.