V ARUNACHALAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against the detenu Jai alias Jaikumar, son of the petitioner, 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 above-said detention, the father of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records pertaining to the detenu, who is detained under Tamil Nadu Act 14 of 1982 as a Goonda at Central Prison, Puzhal, Chennai by the second respondent vide order in Memo No. 192/bdfgissv/2007, dated 4. 5. 2007 on the file of the second respondent, to quash the same and to direct the respondents to produce the detenu before this Court and to set him at liberty.

(3.) THE order of detention dated 4. 5. 2007 came to be passed based on the ground case in Crime No. 271 of 2007 on the file of Anna Nagar Police Station for the offences punishable under Sections 341, 323, 392, 427 and 506 (2) IPC, complaint of which was given by one Balasundaram. According to the complainant, on 23. 4. 2007 at about 1800 Hrs. , when he was returning home, the detenu asked the way to go to the Blue Star Bus Stop. While the complainant was explaining the route, the detenu beat him and took away Rs. 540/- from his shirt pocket and took out a knife and threatened the complainant to run away. The complainant raised hue and cry and the public nearby came to his rescue. But, the detenu picked up stones and pelted the same against the complainant and others. The detenu also hurled some bottles against the public. The public ran hither and thither for safer places out of fear of danger to their lives and properties. Taking advantage of the panic situation, the detenu escaped from the spot. Based on the complaint given, a case was registered, taken up for investigation, the detenu was arrested and remanded.