MOIDEENPITCHAI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CHALLENGING the order of detention dated 31. 3. 2007 made in No. 131/bdfgissv/2007, passed by the second respondent branding the petitioner as a '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), the petitioner, now confined in Central Prison, Puzhal, Chennai, has filed this Habeas Corpus Petition to set aside the order of detention and directing the respondents to produce him before this Court and set him at liberty.

(2.) THE ground case based on which the impugned order of detention has been passed is that on 19. 3. 2007, while the complainant Mani was proceeding near the junction of Josier Street and Nageshavar Rao Street, the detenu, who came in an auto, wrongfully restrained him and threatened to hand over some money. When the complainant refused, the detenu beat him, due to which the complainant fell down and immediately, the detenu, at the point of knife, took away cash of Rs. 325/- and also snatched the gold ring from the complainant and attempted to escape. The complainant, raising hue and cry, chased the detenu and on hearing the cry, the public, who gathered there, also tried to apprehend the detenu. On seeing them, the detenu pelted stones on the public, creating a terror and panic situation at the place and using the panic situation, when the detenu tried to escape, the complainant with the help of the public, apprehended the detenu and handed over him to the police. On the complaint given by the complainant, a case in Crime No. 294 of 2007 has been registered on the file of F3 Nungambakkam Police Station for offences punishable under Sections 341, 336, 392 and 506 (2) I. P. C. and the detenu was arrested and sent for judicial remand.

(3.) TAKING into consideration the above said ground case as well as eleven other adverse cases, viz. , Cr. No. 172/2004 for the offences under Sections 379, 323, 307 and 506 (2) I. P. C. on the file of G1 Vepery P. S. , Cr. Nos. 1256/2005, 1258/2005, 1259/2005, 1257/2005 for the offence under Section 379 I. P. C. on the file of Redhills Police Station, Cr. Nos. 813/2005, 814/2005, 809/2005 and 810/2005 for the offence under Section 379 I. P. C. on the file of Manali Police Station and Cr. Nos. 289/2007 and 293/2007 for the offence under Section 379 I. P. C. on the file of F3 Nungambakkam Police station, the second respondent/detaining authority 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 and public health, ordered his detention dubbing him as a Goonda.