C.MARIMUTHU Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner is the detenu. The detenu was detained by the second respondent by his order in M.H.S.Confdl.No.52 of 2015, dated 04.05.2015, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982, taking note of the ground case in Crime No.67 of 2015 registered on the file of Pappakudi Police Station, Cheranmahadevi Paramakudi for alleged offences punishable under Sections 294(b), 387 and 506(ii) of the Indian Penal Code, which was subsequently altered into a case for offences punishable under Sections 294(b), 397 and 506(ii) of the Indian Penal Code and following two adverse cases: -

(2.) The Detaining Authority, expressing subjective satisfaction that the detenu conformed to the definition of "Goonda' and that his presence at large would be prejudicial to the maintenance of public order and also expressing subjective satisfaction that it was very likely that the detenu would come out on bail in the ground case, passed the impugned detention order. The said order is challenged in the present Habeas Corpus Petition.

(3.) Though the order of detention is sought to be assailed on more grounds, the learned counsel for the petitioner restricts to the following submissions alone: -