GOPI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, who was incarcerated at Central Prison, Puzhal, Chennai, by an order dated 14. 7. 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, has filed this petition seeking writ of Habeas Corpus to call for the records in connection with the order of detention passed in proceedings No. 323/2007, to set aside the same and to direct the respondents to produce him before this Court and set at liberty.

(2.) THE ground case, which led to the passing of the detention order, came to be registered in S. 5 Pallavaram Police Station Crime No. 306 of 2007 for offences under Sections 341, 392, 397, 336 and 506 (2) IPC. on the basis of the complaint given by one Palani. According to the complainant, on 1. 6. 2007 at about 8. 30 hours, when he was proceeding near Thennanthoppu Colony, the detenu along with his associates wrongfully restrained and at the point of knife, threatened him to handover the money. Fearing danger to his life, the complainant raised hue and cry, on hearing which, the public came for his rescue, but the detenu and his associates pelted stones on them and taking away Rs. 125/- and the wrist watch from the complainant, the detenu and his associates brandished their knives and created panic at the spot, resulting in the traffic dislocation and taking advantage of the panic situation, they escaped from the spot. On the basis of the crime registered, the detenu was arrested during the course of investigation and produced before Judicial Magistrate, Tambaram, who remanded him to judicial custody.

(3.) THE second respondent, taking note of the above ground case and finding two adverse cases on the file of same police station, in Crime Nos. 883/03 and 295/07 for offences under Sections 384, 392 and Man Missing @ 302 IPC. , having satisfied that there is compelling necessity to detain the detenu in order to prevent him from indulging in such activities which are prejudicial to the maintenance of public order, ordered his detention dubbing him as a Goonda.