R USHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, mother of the detenu, by name Kannan @ appu, challenges the order of detention dated 26. 5. 2007 made in Memo No. 217/bdfgissv/2007 passed by the second respondent branding the said Kannan @ Appu as Goonda 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 ).

(2.) THE ground case which led the detaining authority to pass the order of detention dated 26. 5. 2007 is that on 30. 04. 2007, when the Sub Inspector of Police, T3 Korattur police Station, along with police party was on a hunt for absconding accused, they stumbled upon the detenu at MTH road, Padi. On seeing the police party, the detenu tried to flee the spot. However, the police party surrounded and tried to apprehend him. In the melee, one police officer sustained cut injuries. The detenu then went on a violent spree and threw soda bottles, which scattered on the road and thus created panic in the minds of the public. However, the detenu was apprehended by the police with the help of public. On the basis of the above incident, case was registered in Cr. No. 375/2007 under Sections 341, 332, 336, 427, 307 and 506 (2) IPC.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are four adverse cases, having satisfied that there is a compelling necessity to detain the detenu in order to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a Goonda.