MAGALAKSHMI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner, who is the mother of one Elango @ Elangovan (hereinafter referred to as "the detenu"), who had been incarcerated by the order of detention dated 31.1.2004 passed by the second respondent herein, dubbing him as a Goonda, 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, seeks a writ of Habeas Corpus to call for the entire records leading to the detention of the detenu by the second respondent vide order No.11/BDFGIS/ 2004, dated 31.1.2004 on the file of the second respondent, to quash the same as illegal and consequently to direct the respondents to produce the body of the detenu from Central Prison, Chennai.

(2.) The order of detention came to be passed by the second respondent based on a ground case said to have taken place on 8.1.2004 at about 12.00 hours. On that day, the detenu, along with Saravanan @ Kavai Saravanan, Selva @ Selvakumar, Ranga @ Ranganathan, Sekar @ Karuppu Sekar, Palani and others, armed with knife and log in their hands, went to the backside gate of the Kapaleeswarar temple and attacked Ravi and Nagaraj. On hearing the hue and cry of one Karpagam, wife of Ravi, and public came for their rescue. Noticing the rushing of public, the detenu along with the abovesaid persons, picked up soda water bottles and hurled the same against the public and thereby created traffic dislocation in that area. The said Karpagam, lodged a complaint and the same was registered as Crime No.49 of 2004 on the file of the E1 Mylapore Police Station for the offences punishable under Sections 147, 148, 341, 324, 336, 427, 307 and 506(ii) IPC. Thereafter, the detenu was remanded.

(3.) That apart, there are four adverse cases in Crime Nos.1866/2002, 785/2003, 831/2003 and 840/2003 on the file of E1 Mylapore Police Station for the offence punishable under Sections 147, 148, 341, 324, 326, 302, 307, 336, 384 and 506(ii) IPC registered against the detenu.