MARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu Mari, son of Arjunan, as the said authority arrived at the subjective satisfaction that the said 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 has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records pertaining to the detention order passed against him by the second respondent in D. O. No. 38/2007-C2, dated 18. 8. 2007, set aside the same and to direct the respondents to produce the body of the detenu, now detained at Central Prison, Vellore before this Court and set him at liberty.

(3.) 1. On the basis of a complaint lodged by one Vijayakumar that on 9. 7. 2007 at about 10. 00 hours, when he was proceeding on Tirukoilur Road for his personal work, the detenu and two others threatened him at the knife point and forcibly took Rs. 500/- from his shirt pocket and also threatened the public who came for his rescue that they would be killed and hurled the soda water bottles against them and made them to run on all sides seeking shelter resulting in traffic dislocation, a case was registered in Crime No. 223/2007 on the file of Tiruvannamalai East Police Station, for the offence punishable under Section 392 IPC. 3. 2. The second respondent, taking note of the above case as a ground case and four adverse cases pending against the detenu in Crime Nos. 147, 215, 216 and 217 of 2007 on the file of Tiruvannamalai East Police Station for the offences punishable under Sections 294 (b), 379 and 387 IPC and 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.