RAMAKRISHNAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner, who is the father of the detenu, Suresh, who was incarcerated by order dated 25. 1. 2007 of the first respondent under Section 3 (1) 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, has preferred this petition for issue of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the first respondent dated 25. 1. 2007 in Memo. No. 26/bdfgissv/2007 against the petitioner's son, Suresh, now confined at Central Prison, Puzhal, Chennai, to set aside the same and to direct the respondents to produce the above said detenu before this Court and set him at liberty.

(2.) THE order of detention dated 25. 1. 2007 came to be passed based on the ground case said to have taken place on 2. 1. 2007 during morning hours, on the basis of the complaint lodged by one Tharanipathi before the Sub Inspector of Police, T2 Ambattur Estate Police Station. According to the complainant, when he was proceeding in his motor cycle towards Ambattur, two persons came in a motor cycle bearing Regn. No. TN-20-AV-8095 and other two persons came in another motor cycle bearing Regn. No. TN-20-AA-5581, wrongfully restrained him. When he questioned the same, one among them threatened the complainant by showing a knife and took away a sum of Rs. 480/- from his pocket and another person snatched his wrist watch and gold ring. One of among them also fisted the complainant. Out of fear, the complainant left his motor cycle at the spot and ran towards bus stand. When the people who were nearby came for his rescue, they were threatened by showing knives. Enquiry revealed that the persons were the detenu herein and three others. In this regard, a case was registered in Crime No. 3/2007 on the file of T2 Ambattur Estate Police Station under Sections 341, 336, 427, 397 and 506 (ii) IPC.

(3.) THE first respondent, taking note of this case as a ground case and finding that there are two adverse cases pending against the detenu for the offences punishable under Sections 324, 427 and 506 (ii) IPC in Crime No. 412/2006 and 314, 307 and 302 IPC in Crime No. 1/2007 on the file of T-2 Ambattur Police Station, having satisfied that there is a compelling necessity to detain him 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.