SARAVANAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner calls in question legality of the order of detention 14. 5. 2007 passed by the second respondent ordering his detention under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum-Grabbers and Video Pirates Act, 1982 (in short 'the Act') branding him as a "goonda".

(2.) ACCORDING to the detaining authority, viz. , the second respondent, the ground case is said to have taken place on 17. 4. 2007 at about 4. 30 p. m. On receipt of reliable information, in respect of Crime No. 832 of 2007 on the file of J3 Guindy Police Station for the offences punishable under Sections 147, 148, 341, 307 and 506 (ii) IPC, the police personnel surrounded the detenu and one Antony Raj, Vinoth Kumar and Vijay on Guindy Race Course Road near Guindy Railway station bus stop, who threatened them at knife point by uttering filthy words. When Antony Raj attempted to cut one Sivakumar, Sub Inspector of Police, he warded off the attack with his left hand. However, he sustained a bleeding injury on his left hand. Vijay picked up soda water bottles and hurled the same against the police personnel. The bottles fell on the road side broken into pieces and the broken pieces scattered all over the road side. The public who were at the spot noticing the atrocious activities ran for safer places apprehending danger to their lives. The normal traffic in that area was totally dislocated. By their action, the detenu and others created panic. With the help of public, the police personnel arrested the detenu and others and remanded them to judicial custody. In this regard, a case was registered in Crime No. 865/2007 for the offences punishable under Sections 332, 336, 427, 307 and 506 (ii) IPC.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are two adverse cases pending against the detenu in Crime No. 1111 of 2002 on the file of J1 Saidapet Police for the offences punishable under Section 302 I. P. C. and Crime No. 832 of 2007 on the file of J3 Guindy Police Station for the offences punishable under Sections 147, 148, 341 and 506 (ii) I. P. C. and having satisfied that there is a compelling necessity to detain him 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.