ISAKKIYAMMAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petitioner, sister of the detenu by name Navamani, who was incarcerated at Central Prison, Puzhal, Chennai, by the order of detention dated 28. 5. 2007 made in Memo No. 37/bdfgissv/2007, by 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, filed the above petition seeking to set aside the order of detention and to direct the respondents to produce the detenu, her son, before this Court and set him at liberty.

(2.) ON the basis of the complaint lodged by one Murugan that on 2. 5. 2007 at about 4. 00 p. m. , the detenu along with five others waylaided him and demanded money at the point of knife and that when he refused, they tried to assault him with the knife and also threatened the public, who gathered there on hearing the cry of the complainant creating panic situation in the area, a case was registered in Crime No. 122/2007 on the file of Otteri Police Station for the offence punishable under Section 397 IPC. The detenu was arrested and produced before the learned Judicial Magistrate No. II, Chengalpattu, for judicial remand.

(3.) THE second respondent, taking note of the above case as a ground case and finding that there are six adverse cases of theft and robbery, viz. in Crime No. 17 of 2007 on the file of same police station, Cr. Nos. 92/2007, 97/2007, 176/2007 and 182/2007 on the file of Maraimalai Nagar Police Station and Cr. No. 182/2007 on the file of Guduvancheri Police Station for offences punishable under Sections 397, 379 and 379 r/w 392, 394 IPC. , having satisfied that there is a 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'.