RAJKUMAR ALIAS RAMBOO Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner - detenu was incarcerated by order dated 23. 3. 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 and confined at Central Prison, Chennai.

(2.) CHALLENGING the detention order, the detenu has come forward with the above writ petition seeking to call for the records in connection with the order of detention made in proceedings No. 109/bdfgissv/2007, dated 23. 3. 2007, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(3.) 1. The order of detention dated 23. 3. 2007 came to be passed based on the ground case said to have taken place on 9. 3. 2007 at about 9. 30 hours, registered on the basis of the complaint lodged by one Ajas Basha before the Inspector of Police, F2 Egmore Police Station. On 9. 3. 2007, the complainant was returning home after doing his work. When he was crossing Gandhi Irwin Bridge junction, the detenu is alleged to have wrongfully restrained him at the knife point and voluntarily inserted his hand into the shirt pocket of the complainant and took away a sum of Rs. 5000/- and also snatched his gold chain and ran away from the spot. The complainant raised hue and cry. At that time, the police personnel attached to F2 Egmore Police Station, who were on rounds, came to the spot and tried to apprehend the detenu at the spot. On seeing the police personal, the detenu threatened them at the knife point by uttering filthy words and also pelted stones on them. The public apprehending danger to their lives ran for safety, shop vendors closed the shops and the entire traffic came to standstill causing insecurity in the minds of the public. However, the police personnel apprehended the detenu and registered a case in Crime No. 492 of 2007 for the offences punishable under Sections 341, 336, 397 and 506 (ii) I. P. C. and remanded him to judicial custody.