BHARATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, wife of the detenu, by name Umapathy, who was incarcerated at Central Prison, Puzhal, Chennai, pursuant to the order of detention dated 2. 6. 2007 passed by the second respondent in Memo No. 233/bdfgissv/2007 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) branding him as a Goonda, seeks a Writ of Habeas Corpus to quash the order of detention and to direct the respondents to produce the above said detenu before this Court and set him at liberty.

(2.) ON the basis of complaint lodged by one Muniya @ Muniyandi, who is undergoing trial in connection with Crime NO. 1201 of 2004 on the file of E2 Royapettah Police Station, that on 24. 4. 2007 when he was proceeding for taking lunch along with other accused in the case, the detenu and his associates, came in an auto and chased one of the accused in the said case, namely, Veera @ Veeramani and indiscriminately cut him, creating terror and panic at the spot and caused the death of the said Veera @ Veeramani on the spot, a case was registered in Crime No. 286 of 2007 on the file of B. 1 North Beach Police Station for offences punishable under Sections 147, 148, 341 and 302 I. P. C. and subsequently, during the course of investigation, the detenu and his associates surrendered before the learned District Munsif cum Judicial Magistrate, Thiruvallore, who remanded them to judicial custody.

(3.) THE second respondent, taking note of the above case as a ground case as well as two adverse cases in Crime No. 320 of 2004 on the file of D. 3 Ice House Police Station, registered for offences punishable under Sections 153, 292 (a) I. P. C. and in Crime No. 1573 of 2006 on the file of R. 3 Ashok Nagar Police Station for offences punishable under Sections 147, 148, 341, 324 and 506 (2) I. P. C. , 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, ordered his detention dubbing him as a Goonda.