MANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the petitioner (detenu), as the said authority arrived at the subjective satisfaction that the said detenu is a Goonda and he has to be detained under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Officers, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982 ).

(2.) CHALLENGING the abovesaid detention, the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records of the respondents in Memo No. BDFGISSV No. 9/2007, dated 28. 4. 2007, to set aside the same and to direct the respondents to produce the petitioner, now confined in Central Prison, Puzhal, Chennai before this Court and to set him at liberty.

(3.) THE order of detention dated 28. 4. 2007 was passed on the basis of ground case in Crime No. 28 of 2007 for alleged commission of offences under Sections 341, 454, 380, 392 and 506 (ii) IPC, complaint of which was lodged by one Paranthaman. According to the complainant, on 23. 2. 2007, at 10. 00 am, he and his wife locked their house and went to bazaar, and on their return, they saw their house broke open, and saw the lock of bureau broke open and also saw the thieves inside the house. The couple raised alarm, but the thieves pushed the couple on the floor and ran away. On seeing the bureau, it was found that a pair of silver anklets and an amount of Rs. 200/- was stolen by the thieves. Based on the complaint given by Paranthaman a case, as stated above, was registered. The detenu and other accused were arrested.