OLI ALIAS GNANASEKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the petitioner, as the said authority arrived at the subjective satisfaction that the said detenu is a Goonda and 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 himself, who is now confined at Central Prison, Puzhal, chennai, has come forward with the present Habeas Corpus petition seeking a writ of habeas corpus to call for the records pertaining to the detention order passed against him by the second respondent in proceedings no. 333/bdfgissv/2007, dated 16. 7. 2007, set aside the same and to direct the respondents to produce him before this court and set him at liberty.

(3.) 3. 1. The order of detention dated 16. 7. 2007 was passed based on the ground case registered in Crime No. 483 of 2007 on the file of T-1 Ambattur Police Station for alleged commission of offences under Sections 341, 323, 336, 392, 397, 307 and 506 (ii) IPC, complaint of which was lodged by one Kumaresan. According to the complainant, on 24. 6. 2007 at 12. 00 noon, while he was walking along Ambattur CTH Road, the detenu along with his associates wrongfully restrained and threatened him by showing aruval and demanded to part with his money and when the same was refused by the complainant, they assaulted him and took away Rs. 2500/- cash and also two cell phones from his pocket. On hearing hue and cry of the complainant, public came to his rescue, which went in vain and the detenu and his associates made their good escape by threatening them at the point of aruval and also pelted stones on the public, which created panic and terror situation in the area. During investigation, the detenu was arrested and sent for judicial remand.