ANJALAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) AGGRIEVED by the order of detention dated 17. 3. 2007 made in No. 104/2007 passed by the second respondent 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), detaining one Chakkarai @ Chakkarapani, son of Ramakrishnan, branding him as a Goobda, the petitioner, who is the mother of the detenu, filed the above petition seeking to quash the order of detention and to direct the respondents to produce the detenu, who is now confined at Central Prison, Puzhal, Chennai, before this Court and set him at liberty.

(2.) ON 23. 2. 2007 at 7. 30 hours the police personnel attached to N4 Fishing Harbour Police Station were on special duty to secure the detenu in Crime No. 14 of 2007. While so proceeding, on noticing the detenu standing near S. N. Chetty Road and Balakrishnan Road Junction along with some other accused, rushed to apprehend them at the spot. On noticing the rushing of the police party, the detenu and another accused took out a knife and threatened the police and further picked up soda bottles from the nearby shop and hurled the same against the police personnel. The public, who were at the spot noticing the atrocious activities of the detenu, ran hither and thither and traffic in that area came to standstill for sometime. Hence, a case in Crime No. 15 of 2007, for offence under Sections 332, 336, 427, 307 and 506 (2) IPC was registered on the file of N4, Fishing Harbour Police Station and during investigation the detenu was arrested on 27. 2. 2007 at 7. 00 hrs, and produced before the XVI Metropolitan Magistrate Court, George Town, Chennai, who remanded him into juridical custody.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are two adverse cases, 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.