VANI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner, mother of the detenu by name Shajakhan @ Raja, who has been detained at Central Prison, Salem, pursuant to the order of detention dated 26/3/2007 of the first respondent under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a Goonda, has filed this petition seeking writ of Habeas Corpus to call for the records in connection with the order of detention passed in proceedings C. No. 23/g/2007, to quash the same and to direct the respondents to produce the detenu before this Court and set him at liberty.

(2.) THE ground case, which led to the passing of the detention order, came to be registered in B. 3 Kattoor Police Station Crime No. 316 of 2007 for offences under Sections 392 r/w 397 on the complaint given by one Chinna Karuppan. According to the complainant, on 19. 2. 2007 at about 18. 30 hours, when he was doing his fruit business, the detenu came and took some fruits and went without paying money and when the complainant asked for the money, the detenu threatened him at the point of knife and took away Rs. 375/- from him and also threatened the public who tried to apprehend him by brandishing the knife against them, which created fear in the minds of the public and they ran helter shelter for safer places resulting in the dislocation of traffic in that area. Based on the complaint, investigation was taken up and the detenu was arrested and later,produced before Judicial Magistrate No. II, Coimbatore, who remanded him to judicial custody.

(3.) THE first respondent, taking note of the above ground case and finding three adverse cases, viz. on the file of same police station in Crime No. 807/03 for the offence under Section 379, on the file of B-12 Ukkadam Police Station in Crime No. 842/06 for the offence under Section 379 IPC and on the file of B-11 Saibaba Colony Police Station in Crime NO. 189/07 for the offence under Sections 394, 506 (ii) IPC. , having satisfied that there is compelling necessity to detain the detenu in order to prevent him from indulging in such activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a Goonda.