P SELVI Vs. STATE

JUDGEMENT

(1.) THE petitioner, the wife of the detenu, by name Prem, who was incarcerated at the Central Prison, Puzhal, Chennai, pursuant to the order of detention dated 17. 4. 2007 of 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) branding him as a Goonda, seeks a writ of Habeas Corpus to call for the records in connection with the order of detention passed in Memo No. 165/bdfgissv/2007, to set aside the same and to produce the detenu before this Court and set him at liberty.

(2.) ON the basis of a complaint lodged by one Eswardoss that on 7. 4. 2007 at about 6. 15 a. m. , the detenu and his associates threatened him at the knife point and forcibly took Rs. 190/- from his pocket and snatched his wrist watch and also threatened the public who came for his rescue that they would be killed and hurled the bottles taken from the nearby shop in the road, which scattered all over the roadside and also made them to run on all sides seeking shelter resulting in traffic dislocation, a case was registered in Crime No. 129/2007 on the file of C5, Kothavalchavadi Police Station, for offences punishable under Section 341, 336, 427, 397 and 506 (2) IPC. Later, the detenu was arrested and produced before the Court for judical custody.

(3.) THE second respondent, taking note of the above case as a ground case and two adverse cases, viz. in Crime No. 127/2007 on the file of same police station for the offence under Section 379 IPC and in Crime No. 157/2007 on the file of N. 3 Muthialpet Police Station for the offence under Section 380 IPC, having satisfied that there is 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.