RAVIKUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE first respondent herein clamped an order of detention as against the detenu - Kishore Kumar @ Kishore, brother of the petitioner, 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 brother of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records leading to the detention of the detenu, now detained in Central Prison, Puzhal, Chennai under Tamil Nadu Act 14 of 1982 vide detention order dated 29. 6. 2007 on the file of the first respondent herein made in D. O. No. 271 of 2007, to quash the same and to direct the respondents herein to produce the detenu before this Court and to set him at liberty.

(2.) 3. 1. The order of detention dated 29. 6. 2007 was passed on the basis of ground case in Crime No. 1598 of 2007 for alleged commission of offences under Sections 341, 332, 307 and 506 (2) IPC. The allegation against the detenu was that on 19. 6. 2007 when Ramamoorthy and Siluvairaj, Head Constables attached to R6, Kumaran Nagar Police Station proceeded on duty to secure the absconding detenu involved in Crime No. 1543 of 2007, they received information that the detenu was proceeding towards Guindy from Vadapalani in a Maruthi Car bearing registration No. TN 01 K 0306. When the police personnel stopped the car and asked the detenu to get down from the car, the detenu got down, took out a knife from the car and by brandishing the same threatened to kill the police personnel. When the police personnel went near to apprehend the detenu, the detenu rushed to fist Ramamoorthy over the throat, however, Ramamoorthy escaped from the said attack. The public who were at the spot noticed the atrocious activities and ran for safer places out of fear of danger. The detenu, noticing the surrounding of Ramamoorthy, cut him over his right hand and caused bleeding injury. However, the police personnel with the help of the public surrounded and apprehended the detenu at the spot and retrieved the knife.