SUGUNA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) MOTHER of the detenu has filed this Habeas Corpus Petition challenging the order of detention dated 20. 1. 2006 passed by the District Magistrate and District Collector, Tiruvallur District under Section 3 (1) 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) relating to Thiru. Naveen on the allegation that he is a Goonda and it is necessary to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) THE detenu came to the adverse notice of the police in B7 Vellavedu Police Station Cr. No. 299/2006 registered under Sections 323, 324, 506 (ii), 307 IPC and B7 Vellavedu Police Station Cr. No. 300/2006 registered under Sections 363, 302, 397, 120 (b) IPC. Both the cases were allegedly committed on the same day i. e. , 19. 8. 2006 and were under investigation. The ground case, on the basis of which the detention order is subsequently passed, is alleged to have occurred on 21. 8. 2006, wherein it is alleged that offence under Section 392 IPC has been committed. It is alleged that on the said date at about 6. 00 P. M. , while the complainant was proceeding to purchase groceries, an unknown person came near to him and put a knife in his neck and shouted that he was Utukottai Naveen and was everybody afraid of him and he was the person who murdered Thirumazhisai Prakash. He further stated that at that time one person, who was coming on a bicycle, on seeing the incident left the bicycle and ran away and four other persons who were also coming towards the complainant Prabhu ran away because of panic. Complaint was made on 22. 8. 2006 morning, on the basis of which Cr. No. 301 of 2006 under Section 392 IPC has been registered. During the course of investigation, the detenu was found in the office of the Village Administrative Officer and was arrested on 22. 8. 2006 around 11. 00 AM and arrest memo was prepared, wherein signature of the detenu and the signature of the witnesses were obtained. In presence of the Village Administrative Officer, the detenu confessed about his involvement in the ground case as well as previous cases and he was arrested and produced before the Judicial Magistrate, Poonamallee on 22. 8. 2006 and was remanded to judicial custody for 15 days. Subsequently he was subjected to police custody by the order passed by the Judicial Magistrate, Poonamallee. His remand period expired on 4. 9. 2006 and it was extended from time to time and he was in remand till 23. 11. 2006. It has been further indicated in the grounds of detention :-

(3.) THE order of detention is being challenged primarily on the following grounds :-