N SURESH Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE second respondent herein clamped an order of detention as against Irudayaraj, son of Govindasamy, friend 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.) 2. 1. The order of detention dated 15. 7. 2007 came to be passed by the second respondent on the basis of the ground case, complaint of which was given by one Lakshmi. According to the complainant, on 15. 6. 2007 at about 6. 00 am, when she was cleaning the front portion of the house, three persons entered her house and started demanding cash, documents and jewels by showing knife and criminally intimated her. They tied down her hands and legs, fisted and punched all over her face. The younger son of complainant, who was sleeping in the upstairs, came down and seeing the three intruders armed with weapons, started shouting for help. As people started gathering outside the house, the three persons rushed towards the backside of the house, threatened the public and escaped from the scene. They also threw a country bomb on the crowd. A case was registered in Kadamangalam Police Station in Crime No. 180 of 2007 under Sections 397 and 511 of IPC read with Section 3 (1) of Explosive Substance Act, 1908. After investigation, the detenu was arrested. 2. 2. Apart from the above, the detaining authority also took note of one adverse case pending against the detenu, viz. , Crime No. 232 of 2006 on the file of the Orleanpet Police Station for the offence punishable under Sections 364-A, 365 read with 34 IPC. 2. 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.

(3.) CHALLENGING the said detention, the friend of the detenu has come forward with the present Habeas Corpus Petition seeking a writ of habeas corpus to call for the records relating to the detention order passed by the second respondent in C2/30555/2007, dated 15. 7. 2007, to quash the same and consequently to produce the detenu, now detained at the Central Prison, Cuddalore, before this Court and to set him at liberty.