GOPAL 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 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 himself has preferred this Habeas Corpus Petition seeking a writ of habeas corpus to call for the records leading to the detention of the detenu, detained at Central Prison, Puzhal Chennai by the second respondent vide his order in Memo No. 269/bdfgissv/2007, dated 28. 6. 2007, to quash the same as illegal and to consequently direct the respondents to produce him before this Court and to set him at liberty.

(3.) 3. 1. The order of detention dated 28. 6. 2007 was passed on the basis of ground case in Crime No. 583 of 2007 for alleged commission of offences under Sections 341, 397, 336, 427 and 506 (2) IPC. The allegation against the detenu was that on 15. 6. 2007 at 02. 30 pm, when one Kannan (complainant) was proceeding to to his shop, the detenu wrongfully restrained him and asked him time, thereafter, he took out a knife and held the same over the stomach of the complainant, threatened him and voluntarily took away Rs. 200/- from the shirt pocket of the complainant. The public heard the hue and cry of the complainant and came for his rescue and tried to apprehend the detenu. On noticing the same, the detenu picked up stones from roadside and pelted the same against the public. The detenu also picked up cool drink bottles and hurled them against the public. The public who were at the spot noticed the atrocious activities and ran for safer places out of fear of danger to their lives. Taking advantage of the panic situation, the detenu tried to escape, but the police personnel, who were on rounds, apprehended him.