VELANKANNI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, wife of the detenu by name Pushpakaran, has filed this Habeas Corpus Petition challenging the detention order dated 14. 7. 2007 of the second 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 the detenu as a 'goonda', to call for the records in connection with the order of detention dated 14. 7. 2007 passed in No. 321/bdfgissv/2007, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(2.) THE ground case, which led the detaining authority to pass the impugned order of detention, is that on 08. 06. 2007, due to previous enmity, the detenu along with his associates inflicted cut injuries on the deceased, brother of the complainant and the deceased succumbed to the cut injuries. Based on the complaint given by the brother of the deceased, Inspector of Police, P-5 M. K. B. Nagar Police Station registered a case in Cr. No. 277/ 2007 under Section 147, 148, 302 and 506 (2) IPC. The detenu surrendered before Judicial Magistrate No. II, Ambattur on 09. 06. 2007.

(3.) THE second respondent, taking note of the above ground case and finding that there are two adverse cases, viz. , in Crime No. 168 of 2006 on the file of P-3 Vyasarpadi Police Station for offences under Sections 147, 148, 324, 341 r/w 149 IPC and 506 (2) IPC and in Crime NO. 725 of 2006 on the file P-5 MKB Nagar Police station for offences under Sections 120 (b), 147, 148, 302, 201 r/w 149 IPC and having satisfied himself 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'.