ARUMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who was incarcerated at Central Prison, Puzhal, Chennai, by an order dated 19. 5. 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 the order of detention dated 19. 5. 2007 passed in 212/bdfgissv/2007, to set aside the same and to direct the respondents to produce him before this Court and set him at liberty.

(2.) ON the basis of special report lodged by Kumar, Sub Inspector of Police, Law and Order, attached to D1 Triplicane Police Station, that on 25. 4. 2007 at about 9. 45 hours, the detenu, who is an absconding accused in Crime No. 900 of 2007, quarrelled in front of a TASMAC shop and when the police party neared him, threatened them at the point of knife and also attempted to attack with the knife and thereafter, picked up soda bottles and hurled the same against the police, which scattered all over the road side, creating terror in the spot and also making the public to run on all sides seeking shelter resulting in traffic dislocation, the detenu was arrested and a case was registered in Crime No. 911/2007 on the file of D1 Triplicane Police Station, for offences punishable under Sections 353, 336, 427, 307 and 506 (2) IPC.

(3.) THE first respondent, taking note of the above ground case and finding that there are four adverse cases on the file of same police station in Crime Nos. 2694/2002 for the offence under Section 379 I. P. C. , 914/2002 for offences under Sections 380 and 511 I. P. C. , 1823/2006 for the offence under Section 399 I. P. C. and 900/2007 for offences punishable under Sections 384 and 506 (2) I. P. C. , having satisfied that there is compelling necessity to detain the detenu, ordered his detention dubbing him as a Goonda.