KUPPUSWAMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner calls in question legality of the order of detention dated 1. 3. 2007 passed by the second respondent ordering detention of his son - Siva alias Sivakumar (hereinafter referred to as "the detenu " ). THE aforesaid detenu was detained under Section 3 (1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, drug-Offenders, Forest Offenders, Goondas , Immoral traffic Offenders, Slum-Grabbers and Video Pirates Act, 1982 (in short "the Act") branding him as a " GOOND A ".

(2.) THE order of detention dated 1. 3. 2007 was passed on the basis of ground case in Crime No. 57 of 2007 for alleged commission of offences under Sections 392 read with 397 of the Indian Penal Code. THE allegation against the detenu was that on 12. 2. 2007 at about 7. 00 p. m. , when the Taxi Driver, Ramesh was driving his car bearing registration No. TN-67-8242 from Kachirapalayam to Thiyagadurgam , near sugar factory at Kallakurichi Road, the detenu and his associates waylaid the car, brandished knives at Ramesh , pulled him out of the car and one of the associates of detenu put a knife on the neck of Ramesh and demanded as to what he had possessed in his pocket. One of the associates of the detenu threatened to kill him and snatched Nokia mobile from his shirt pocket and another associate snatched Rs. 1200/- from his pant pocket. THE said Ramesh started shouting and on hearing the same the nearby people came to spot. At that time the detenu instructed his associates to kill if anybody came near to catch him. All of them brandished knives so saying that the entire people of Salem District are afraid of them and that if anybody dared to come and catch them, they would kill them. THE shop keepers downed the shutters out of fear. THE vehicular traffic came to a standstill. THE detenu and his associates escaped. On the complaint of the said Ramesh , the crime was registered at Kachirapalayam Police station. That apart, the detaining authority also took note of the adverse case pending against the detenu in Crime No. 78 of 2007 on the file of Chinnasalem Police Station for the offence punishable under Section 392 of the Indian Penal Code. Considering these activities of the detenu are prejudicial to maintenance of public order, the detaining authority passed the impugned order. THE detenu was declared as an " Goonda " and was kept in custody at Central prison, Cuddalore.