RAJENDRAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE first respondent herein clamped an order of detention as against the petitioner (detenu), 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 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 order Memo No. 125/bdfgissv/2007, dated 26. 3. 2007 passed by the first respondent and to direct the respondent to produce the body of the detenu, now confined in Central Prison-II, Puzhal, Chennai, before this Court and to set him at liberty.

(3.) 3. 1. The order of detention dated 26. 3. 2007 was passed on the basis of ground case in Crime No. 144 of 2007 for alleged commission of offences under Sections 341, 336, 392 and 506 (2) IPC, complaint of which was lodged by one Sekar. According to Sekar, on 14. 3. 2007, while he was proceeding to Aminjikarai through Thiru. Vi. Ka Park, the detenu wrongfully restrained him, beat him over his cheek, tore his shirt and threatened him. Thereafter, he inserted his hand into the shirt pocket of the complainant and took away Rs. 140/- and snatched his wrist watch. When the complainant prevented the same and raised hue and cry, the detenu took out a knife and threatened to kill him, he also snatched te dollar hanging in complainant's neck. The detenu pushed the complainant on the road and kicked him with his leg. On hearing the hue and cry of the complainant, the public at the spot came for his rescue. The detenu threatened them at knife point to kill them. The public who were at the spot noticed the atrocious activities and ran for safer places out of fear of danger to their lives and properties. At that time, the police personnel attached to K3 Aminjikarai Police Station, who were on rounds, came to the spot and the complainant informed them about the happenings and the they surrounded the detenu, apprehended him and retrieved the knife and other items. Based on the complaint given by Sekar a case, as stated above, was registered. 3. 2. Apart from the above, the detaining authority also took note of the four adverse cases pending against the detenu, viz. , i. Crime No. 352 of 2006 registered on the file of Thirumangalam Police Station for the offence punishable under Section 420 IPC with reference to the occurrence said to have taken place on 8. 12. 2006; ii. Crime No. 25 of 2007 registered on the file of Aminjikarai Police Station for the offence punishable under Section 380 IPC with reference to the occurrence said to have taken place on 14. 1. 2007 and 16. 1. 2007; iii. Crime No. 141 of 2007 registered on the file of Aminjikarai Police Station for the offence punishable under Section 380 IPC with reference to the occurrence said to have taken place on 7. 3. 2007; and iv. Crime No. 138 of 2007 registered on the file of Aminjikarai Police Station for the offence punishable under Section 380 IPC with reference to the occurrence said to have taken place on 10. 3. 2007. 3. 3. The detaining authority, having satisfied that the detenu is indulging in activities which are prejudicial to maintenance of public order, passed the impugned order.