LAWS(MAD)-2007-8-86

C KARUNANITHI ALIAS SALAK Vs. STATE

Decided On August 28, 2007
C.KARUNANITHI, SALAK Appellant
V/S
COMMISSIONER OF POLICE / DETAINING AUTHORITY Respondents

JUDGEMENT

(1.) (ORDER of this Court was made by P. D. DINAKARAN,j.)The order dated 13. 2. 2007, passed by the second respondent, dubbing the petitioner herein as Goonda and directing his detention under Section 3 (1) 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), is challenged in this writ petition by the detenu himself.

(2.) ACCORDING to the detaining authority, viz. , the second respondent, the ground case is said to have taken place on 26. 1. 2007 at 13. 30 hours on the basis of the complaint lodged by one Arumugam. According to the complainant, when he was returning on foot after visiting his friend, at Jayaram Nagar Junction, Telungupalayam Road, the detenu herein, who came behind, suddenly waylaid and threatened him brandishing a knife and snatched Rs. 200/- from his shirt pocket as also his wrist watch. When the complainant raised alarm and tried to catch him with the help of the passersby, the detenu wielded his knife and after threatening them, ran away from the scene. Based on the complaint, a case was registered in Crime No. 83/2007 under Sections 341, 392 read with 397 I. P. C. on the file of B10 Selvapuram Police Station and during investigation, the detenue was arrested on 27. 1. 2007, who gave confession admitting the above said offence and thereafter, he was produced before the learned Magistrate for judicial custody.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are four adverse cases pending against the detenu for the offence punishable under Section 379 I. P. C. , viz. , at B-2 R. S. Puram Police Station in Crime No. 506/04 and 1028/06, at Ukkadam Police Station in Crime NO. 2024/04 and at B-10 Selvapuram Police Station in Crime NO. 37/06, and having satisfied that there is a compelling necessity to detain him in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention branding him as a Goonda.