MURUGAN ALIAS DOLIMURUGAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner, who was incarcerated at Central Prison, Puzhal, Chennai, by an order dated 30. 6. 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 him as a Goonda, seeks a writ of Habeas Corpus to call for the records in connection with BDFGISSV. No. 278/2007, to set aside the same and to direct the respondents to produce the him before this Court and set him at liberty.

(2.) ON the basis of the complaint lodged by one Palani, who is working in a hotel, that on 20. 6. 2007 at about 9. 45 hours, the detenu along with two others wrongfully restrained and threatened him to hand over his money and forcibly took Rs. 125/- from his pocket and also threatened the public, who came for his rescue, by pelting stones against them, which scattered all over the road side, making them to run on all sides seeking shelter resulting in traffic dislocation, the detenu was arrested and a case was registered in Crime No. 472/2007 on the file of T1 Ambattur Police Station, for offences punishable under Sections 341, 427, 336, 392 and 506 (2) IPC.

(3.) THE second respondent, taking note of the above ground case and finding that there are two adverse cases, one in Crime No. 386/2007 on the file of the same police station for offence punishable under sections 457 and 380 IPC and the other in Crime No. 405/2007 on the file of P-2, Otteri Police Station for the offence punishable under Section 399 I. P. C. , having satisfied that there is compelling necessity to detain the detenu, ordered his detention dubbing him as a Goonda.