MUTHAIYAN @ KUTTARI, AND OTHERS Vs. THE DISTRICT MAGISTRATE AND DISTRICT COLLECTOR, KARUR DISTRICT, KARUR AND ANOTHER

JUDGEMENT

(1.) THE petitioners, who were incarcerated by an order of detention dated 25.2.2004 passed by the first respondent seek a writ of Habeas Corpus to call for the records pertaining to the detention order dated 25.2.2004 on the file of the first respondent, to set aside the same and to set them at liberty.

(2.) THE ground case is said to have taken place on 1.12.2003, when the detenus and their associates caused the murder of one Senthilkumar with aruval. A case was registered on the file of the Kulithalai Police Station in Crime No. 910 of 2003 under Sections 147, 148, 341 and 302 of the Indian Penal Code. The Inspector of Police, Kulithalai conducted investigation and searched for the detenus at several places. The detenus surrendered on 23.12.2003.

(3.) THE detaining authority, after taking note of the above ground case and the adverse case in Crime No. 338 of 2001 of the file of the Kulithalai Police Station for the offences punishable under Sections 147, 148, 341, 324, 302 read with Section 149 of the Indian Penal Code for an offence of murder due to enmity of slaughtering of goats of their village temple with Tvl. Chittan alias Periasami, Karupannan alias Thambadi and one Chidambaram, having satisfied that the detenus acted in a manner prejudicial to the maintenance of public order and as such they are "Goondas" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982, ordered their detention.