ARUNACHALAM Vs. DISTRICT MAGISTRATE AND DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, who is friend of the detenu, Mahesh, son of Balaraman, who was incarcerated by order dated 13.3.2007 of the second respondent under Sec.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 writ petition for issue of a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 13.3.2007 in C3/do/12/2007 against the petitioner's friend Mahesh, son of Balaraman, who confined at Central Prison, Cuddalore and 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 13.3.2007 came to be passed based on the ground case said to have taken place on 31.8.2006, on the basis of the complaint lodged by one Velu before the Inspector of Police, Parangipettai Police Station. According to the the said Complainant, his brother was having friendship with one Tamilzharasan and Thirugnanam and all of them were missing from 24.8.2006 and the said Tamilzharasan took others in his Yamaha motor cycle bearing Registration No. TN-01-9486. Hence a case was registered in Crime No.188/2006 under Sec.363 I. P. C. Again on 6.1.2007, on the basis of the complaint lodged by one Ramamurthy before the Inspector of Police, Parangipettai Police Station. According to the said complainant, one Vimalraj and Manikandan waylaid him and robbed his wrist watch and a cash of Rs.250/- by showing knife. Hence another case was registered in Crime No.4/07 under Sections 394 and 397 I. P. C. During the course of investigation, both the accused have given a separate confession statement stating that they along with the detenu and other persons murdered the said Thirugnanam, Anandan and Thamizharasan and a case was registered in Crime No.3/2007 under Sections 302, 301 I. P. C. on the file of Kullanchavadi Police Station. The second respondent, taking note of this case as a ground case and finding that there is one adverse case pending against the detenu for the offence punishable under Sec.379 I. P. C. , 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.

(3.) Since Mr. R. Sankarasubbu, learned counsel for the petitioner challenges the impugned order of detention dated 13.3.2007 mainly on the ground of delay in considering the representation dated 24.3.2007 made on behalf of the detenu, we do not propose to go into the other aspects of the case.