SIVA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the petitioner/detenu, as the said authority arrived at the subjective satisfaction that the detenu Siva, son of Nithyanandam 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 himself has preferred this Habeas Corpus Petition seeking a writ of habeas corpus to call for the records leading to the detention of the detenu, detained at Central Prison, Chennai by the second respondent vide his order in Memo No. 305/bdfgissv/2007, dated 11. 7. 2007, to quash the same as illegal and to consequently direct the respondents to produce him before this Court and to set him at liberty.

(3.) 3. 1. The order of detention dated 11. 7. 2007 was passed on the basis of ground case in Crime No. 347 of 2007 for alleged commission of offences under Sections 341, 336, 427, 397, 506 (2) IPC. The allegation against the detenu was that on 10. 6. 2007 at 11. 00 hours, when one Solomon Raj (complainant) was attending to his business of mobile canteen, the detenu and his associates had tiffin and when the complainant demanded cost of the same, the detenu and his associates threatened him. Two of the accused took out their knives threatened the complainant and took away Rs. 680/- kept in the cash box. The detenu took out aruval, held the same over complainant's neck and took away Rs. 250/- from his shirt pocket. The public and servants working under the complainant heard his hue and cry and came for his rescue and tried to apprehend the detenu and his associates. On noticing the same, the detenu and his associates pushed the mobile cart down and spoiled the same and threatened the public at the point of knife. The detenu and his associates picked up soda water bottles and jelly stones and hurled them against the public. Taking advantage of the panic situation, the detenu and his associates escaped from the spot. Based on the complaint given by the complainant, a case was registered, taken up for investigation and the detenu was apprehended.